Documente Academic
Documente Profesional
Documente Cultură
EXECUTIVE COMMITTEE
Over-all Chairperson Mary Cyriell C. Sumanqui
Chairperson for Academics Erica Mae C. Vista
Chairperson for Hotel Operations Ben Rei E. Barbero
Vice Chairperson for Secretariat Jhelsea Louise B. Dimaano
Vice Chairperson for Operations Earl Justin M. Yambao
Vice Chairperson for Finance Ma. Angelica B. De Leon
Vice Chairperson for Audit Arra Olmaya J. Badangan
Vice Chairperson for EDP Jordan N. Chavez
Vice Chairperson for Logistics Hanz Darryl D.Tiu
Vice Chairperson for Membership Dohn Alfred E. Aquilizan
SUBJECT COMMITTEE
Subject Chair for Political Law Cherish Kim B. Ferrer
Subject Chair for Labor Law Kristina D. Cabugao
Subject Chair for Civil Law Ma. Cristina D. Arroyo
Subject Chair for Taxation Law Maria Carissa C. Guinto
Subject Chair for Mercantile Law Dentzen S. Villegas
Subject Chair for Criminal Law Maria Regina C. Gameng
Subject Chair for Remedial Law Raymond F. Ramos
Subject Chair for Legal Ethics Rhev Xandra Acuña
ROEN G. MECANO
Subject Electronic Data Processing
SUBJECT HEADS
Constitutional Law I CHRISTIAN S. TADURAN
Constitutional Law II PATRICK RAY B. BALISI
Administrative Law and CHARLOTTE VINA S. CASINILLO
Law on Public Corporation
Election Law and Law on Public Officers FRANCIS ARTHUR A. CORPUZ
Public International Law GERANI D. MALIJAN
SUBJECT MEMBERS
AARON FRANZ SP. AURELIO FERDINAND ELBERT D. JOMILLA JR.
KARA VICTORIA CASES REGINA PURITA B. LAVARIAS
MARIA KATRINA L. DATUIN MARIA YSABELLA B. PALAMOS
JOHN LORENCE N. DE MESA JAIME NIKOLAI K. PAGGAO
MARIA ERICA L. DELA CRUZ ELLAINE ROSE S. TAN
FRANCES CAMILLE A. FRANCISCO
ADVISERS
Dean ED VINCENT S. ALBANO Atty. LAURIE A. PE
Atty. ADONIS V. GABRIEL Atty. EDWIN R. SANDOVAL
Atty. ROWELL D. ILAGAN
Page
Number
I. Preliminary Provisions and Basic Concepts
A. National Territory ............................................................................................................ 1
B. Declaration of Principles and State Policies ................................................................... 1
C. Separation of Powers ..................................................................................................... 1
D. State Immunity................................................................................................................. 2
II. Legislative Department
A. Legislative Power ........................................................................................................... 2
B. Houses of Congress; Composition and Qualification of Members ................................ 3
C. Privileges, Inhibitions, and Disqualifications .................................................................. 4
D. Process of Law-Making .................................................................................................. 5
E. Quorum and Voting Majorities ........................................................................................ 5
F. Appropriation and Re-Alignment .................................................................................... 5
G. Legislative Inquiries and Oversight Functions ............................................................... 6
H. Power of Impeachment .................................................................................................. 7
I. Electoral Tribunals .......................................................................................................... 7
III. Executive Department
A. Qualifications, Election, and Term of the President and Vice President ....................... 7
B. Privileges, Inhibitions, and Disqualifications .................................................................. 8
C. Powers of the President ................................................................................................. 8
D. Rules of Succession ........................................................................................................ 12
IV. Judicial Department
A. Judicial Power ................................................................................................................ 12
B. Judicial Review ............................................................................................................... 12
C. Safeguards of Judicial Independence ............................................................................ 14
D. Qualifications of Members of the Judiciary .................................................................... 15
E. Workings of the Supreme Court ..................................................................................... 15
V. Constitutional Commissions
A. Common Provisions ....................................................................................................... 16
B. Powers and Functions of CSC, COMELEC, and COA .................................................. 16
VI. Bill of Rights
A. Fundamental Powers of the State .................................................................................. 17
B. Private Acts and the Bill of Rights .................................................................................. 18
C. The Rights to Life, Liberty & Property ............................................................................ 18
D. Equal Protection .............................................................................................................. 19
E. Searches and Seizure .................................................................................................... 20
F. Privacy of Communication and Correspondence .......................................................... 22
G. Freedom of Speech and Expression .............................................................................. 23
H. Freedom of Religion ....................................................................................................... 26
I. Liberty of Abode & Right to Travel ................................................................................. 27
J. Right to Information ......................................................................................................... 28
K. Right of Association ........................................................................................................ 29
L. Eminent Domain ............................................................................................................. 29
M. Non-Impairment of Contracts ......................................................................................... 30
N. Free Access to the Courts .............................................................................................. 30
O. Custodial Investigation Rights ........................................................................................ 30
P. Rights of the Accused .................................................................................................... 31
Q. Right to the Speedy Disposition of Cases ...................................................................... 31
R. Right against Self-Incrimination ..................................................................................... 31
S. Right against Double Jeopardy ...................................................................................... 32
T. Involuntary Servitude ...................................................................................................... 33
U. Right against Excessive Fines, and Cruel and Inhuman Punishments ......................... 33
V. Non-Imprisonment for Debts ........................................................................................... 33
W. Ex Post Facto Laws and Bills of Attainder ..................................................................... 33
X. Writs of Habeas Corpus, Kalikasan, Habeas Data, and Amparo ................................... 34
iv |
VII. Citizenship
A. Who are Filipino Citizens ................................................................................................ 35
B. Modes of Acquiring Citizenship ...................................................................................... 35
C. Loss and Re-Acquisition of Philippine Citizenship .......................................................... 35
D. Dual Citizenship and Dual Allegiance ............................................................................ 36
E. Foundlings ...................................................................................................................... 36
VIII. Law on Public Officers
A. General Principles ........................................................................................................... 36
B. Modes of Acquiring Title to Public Office ....................................................................... 37
C. Kinds of Appointment ..................................................................................................... 37
D. Eligibility and Qualification Requirements ....................................................................... 37
E. Disabilities and Inhibitions of Public Officers ................................................................. 37
F. Rights and Liabilities of Public Officers .......................................................................... 38
G. De facto vs. De Jure Officers ......................................................................................... 39
H. Termination of Official Relation ...................................................................................... 39
I. The Civil Service.............................................................................................................. 40
J. Personnel Actions............................................................................................................ 41
K. Accountability of Public Officers ...................................................................................... 41
IX. ADMINISTRATIVE LAW
A. Powers of Administrative Agencies ................................................................................. 44
B. Doctrines of Primary Jurisdiction and Exhaustion of Administrative Remedies ............ 46
X. ELECTION LAW
A. Suffrage ........................................................................................................................... 46
B. Candidacy ....................................................................................................................... 48
C. Remedies and Jurisdiction .............................................................................................. 51
XI. LOCAL GOVERNMENTS
A. Principles of Local Autonomy .......................................................................................... 54
B. Autonomous Regions and their Relation to the National Government .......................... 54
C. Local Government Units ................................................................................................. 54
XII. National Economy and Patrimony
A. Regalian Doctrine ............................................................................................................ 60
B. Nationalist and Citizenship Requirement Provisions ...................................................... 61
C. Exploration, Development and Utilization of Natural Resources ................................... 61
D. Franchises, Authority, and Certificates for Public Utilities ............................................. 61
E. Acquisition, Ownership and Transfer of Public and Private Lands ................................. 62
F. Organization and Regulation of Corporations, Private and Public ................................. 62
XIII. SOCIAL JUSTICE AND HUMAN RIGHTS .......................................................................... 63
XIV. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS ................... 63
XVI. AMENDMENTS AND REVISIONS
A. Procedure to Amend or Revise the Constitution ............................................................. 63
XVII. PUBLIC INTERNATIONAL LAW
A. Concepts ......................................................................................................................... 64
B. Relationship Between International and National Law ................................................... 65
C. Sources of Obligations in International Law ................................................................... 66
D. Subjects .......................................................................................................................... 67
E. Jurisdiction of States ...................................................................................................... 68
F. General Principles of Treaty Law ................................................................................... 69
G. Doctrine of State Responsibility ..................................................................................... 70
H. Refugees ......................................................................................................................... 70
I. Extradition ....................................................................................................................... 71
J. Basic Principles of International Humanitarian Law........................................................ 71
K. Law of The Sea .............................................................................................................. 72
L. Basic Principles of International Environmental Law ...................................................... 74
|v
THIS IS THE INTELLECTUAL PROPERTY OF THE
SAN BEDA UNIVERSITY COLLEGE OF LAW
CENTRALIZED BAR OPERATIONS.
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
7. Discuss the Pork Barrel System.
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR SALE. DO NOT
Pork REPRODUCE.
Barrel refers to an OF LAW. NOTofFOR
appropriation SALE. DOspending
government NOT REPRODUCE. OF LAW.
meant for localized NOT
projects FOR
and SALE. DO NOT RE
secured
solely or primarily to bring money to a representative’s district. Legal luminaries on the subject further use it to
TY OF SAN BEDA UNIVERSITY COLLEGE control
refer to legislative PROPERTY
of local OF SAN BEDA UNIVERSITY
appropriations. COLLEGE sense,PROPERTY
In a more technical OF SAN
"Pork Barrel" BEDA
refers to UNIVERSITY
an CO
NOT FOR SALE. DO appropriation
NOT REPRODUCE. OF LAW.
of government NOT meant
spending FOR SALE. DO NOT projects
for localized REPRODUCE.
and securedOFsolely
LAW.orNOT FOR SALE.
primarily DO NOT REPRO
to bring
money to COLLEGE
TY OF SAN BEDA UNIVERSITY a representative's
PROPERTY “Pork
district. OF SANBarrel”
BEDAhas been commonly
UNIVERSITY referred to
COLLEGE as lump-sum,
PROPERTY discretionary
OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
2
funds of the Members of the Legislature, although its usage would evolve in reference to certain funds of the
OPERTY OF SAN BEDA UNIVERSITY
Executive COLLEGE
(Belgica PROPERTY
v. Ochoa, G.R. OF SAN
No. 208566, BEDA UNIVERSITY
November 19, 2013). COLLEGE PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
8. BEDA
OPERTY OF SAN In UNIVERSITY
May 2017, Pres.
COLLEGEDuterte PROPERTY
issued Proclamation No.UNIVERSITY
OF SAN BEDA 216 declaring a state ofPROPERTY
COLLEGE martial law
OF and
SAN the
BEDA UNIVERS
suspension of the privilege of the writ of habeas corpus in the whole of Mindanao effective for 60 days,
LAW. NOT FOR SALE.toDO NOT REPRODUCE.
address OF LAW.
the rebellion mounted byNOTthe FOR SALE.
Maute DO NOT
Group REPRODUCE.
and the Abu Sayyaf. TheOF LAW. NOT FORwas
proclamation SALE. DO NOT
approved
PROPERTY OF SAN BEDA by Congress.
UNIVERSITY COLLEGE In JunePROPERTY
2017, the President
OF SAN BEDA requested Congress
UNIVERSITY to extendPROPERTY
COLLEGE the effectivity
OF SANof BEDA UNIV
Proclamation No. 216 up to December 2017, which the Congress granted. Pres. Duterte requested
OF LAW. NOT FOR SALE. DO extension
another NOT REPRODUCE. OF LAW. for
of the proclamation NOTa FOR
year.SALE. DO Congress
Again, NOT REPRODUCE.
approved the OFextension.
LAW. NOT AAAFOR SALE. DO N
PROPERTY OF SAN BEDA UNIVERSITY
questions COLLEGE
the validity PROPERTY
of the extensions, OF SAN
arguing BEDA
that UNIVERSITY COLLEGE
the Constitution PROPERTY
only allows one-time OF SAN BEDA UNIV
extension.
Decide.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
OPERTY OF SAN BEDA UNIVERSITY COLLEGE
The subsequent extensions PROPERTY OF constitutional.
are valid and SAN BEDA UNIVERSITY COLLEGE
Congress has the power to PROPERTY
extend andOF SAN BEDA UNIVERS
determine
the period of martial law and the suspension of the privilege of the writ of habeas corpus. Sec 18, Art. VII of
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
the Constitution is silent as to how many times Congress may extend the proclamation of martial law. The only
OPERTY OF SAN BEDA UNIVERSITY
limitations are; COLLEGE PROPERTY
(1) that the extension OF SAN
should beBEDA
uponUNIVERSITY COLLEGE
the President’s initiative;PROPERTY
(2) that it OF SAN BEDA
should be UNIVERS
LAW. NOT FOR SALE. DO NOT on
grounded REPRODUCE.
the persistenceOF ofLAW. NOT FORorSALE.
the invasion DO NOT
rebellion, andREPRODUCE.
the demands of OF LAW.safety;
public NOT FORand SALE.
(3) DO NOT
that it is subject to the Court’s review of the sufficiency of its factual basis upon the petition of any
RTY OF SAN BEDA UNIVERSITY
citizen. TheCOLLEGE PROPERTY
said provision did not fixOF SAN
the BEDA
period of UNIVERSITY COLLEGE
extension. The ConstitutionPROPERTY OFthe
clearly gave SANCongress
BEDA UNIVERSITY C
authority to decide
. NOT FOR SALE. DO NOT REPRODUCE. the duration of state of martial law (Lagman
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. v. Pimentel III, G.R.
OF LAW. NOT FOR SALE. 6,
No. 235935, February DO NOT REPR
2018, Covered Case).
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
9. The COMELEC issued Resolution No. 6486 to implement Sec 36(g) of RA 9165 or the Comprehensive
AW. NOT FOR SALE.Dangerous
DO NOT REPRODUCE. OF prescribing
Drugs Act of 2002, LAW. NOT FOR
the SALE.
rules DO
andNOT REPRODUCE.
regulations OF LAW.drug
on the mandatory NOTtesting
FOR SALE.
of DO NOT R
candidates for public office in connection with the May 10, 2020 synchronized national and local
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
elections. Pepe, a senator and a candidate for re-election in the 2020 elections, filed a Petition to nullify
. NOT FOR SALE. DOSec.
NOT36(g)
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOTbecause
of RA 9165 and COMELEC Resolution No. 6486 for being unconstitutional FOR SALE. DO NOT REPR
they
impose a COLLEGE
RTY OF SAN BEDA UNIVERSITY qualification for candidates
PROPERTY for BEDA
OF SAN senators in addition
UNIVERSITY to those already
COLLEGE PROPERTY provided
OF SAN forBEDA
in theUNIVERSITY C
Constitution. According to Pepe, Sec. 3, Article VI of the Constitution only prescribes a maximum of 5
. NOT FOR SALE. DOqualifications
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
for one to be a candidate for, elected to, and be a member of the Senate, to wit: (1)
citizenship,
RTY OF SAN BEDA UNIVERSITY (2) voter registration,
COLLEGE PROPERTY(3)OFliteracy, (4) age,
SAN BEDA and (5) residency.
UNIVERSITY COLLEGE He says that both
PROPERTY OFthe
SANCongress
BEDA UNIVERSITY C
and COMELEC, by requiring a senatorial aspirant to undergo a mandatory drug test, create an
. NOT FOR SALE. DOadditional
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
qualification that all candidates for senator must first be certified as drug free. He adds that
RTY OF SAN BEDA UNIVERSITY
there is noCOLLEGE
provision in PROPERTY OF SAN BEDA
the Constitution UNIVERSITY
authorizing COLLEGE or COMELEC
the Congress PROPERTY OF to SAN BEDAthe
expand UNIVERSITY C
. NOT FOR SALE. DOqualification requirements
NOT REPRODUCE. OFof candidates
LAW. NOT FORforSALE.
senator. Decide.
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN BEDA UNIVERSITY
Sec. 36(g)COLLEGE
of RA 9165 is PROPERTY OF SAN
unconstitutional. TheBEDA UNIVERSITY
qualifications COLLEGEof the PROPERTY
of Members Congress areOFexclusive,
SAN BEDA UNIVERSI
and as such, the
AW. NOT FOR SALE. DO NOT REPRODUCE. Congress cannot validly amend or otherwise modify
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. these qualification standards, as
OF LAW. NOT FOR it cannot
SALE. DO NOT R
disregard, evade, or weaken the force of a constitutional mandate, or alter or enlarge the Constitution. In the
PERTY OF SAN BEDAsame
UNIVERSITY
vein, theCOLLEGE PROPERTY
COMELEC cannot, in the OF SANofBEDA
guise UNIVERSITY
enforcing COLLEGE election
and administering PROPERTY OF SAN BEDA UNIVERSI
laws or promulgating
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DO NOT
and REPRODUCE. OF LAW.
regulations to implement NOT
Sec. FOR SALE.
36(g), validlyDO NOT REPRODUCE.
impose OF LAW. NOT
qualifications on candidates FOR SALE.
for senator in DO NOT R
addition to what the Constitution prescribes.
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
Here, Sec.
. NOT FOR SALE. DO NOT REPRODUCE. 36(g) of RA 9165 effectively enlarges the qualification
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. requirements
OFenumerated
LAW. NOT FOR in theSALE.
Sec. DO
3, NOT REPR
Art. VI of the Constitution. It unmistakably requires a candidate for senator to be certified illegal - drug clean,
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
as a pre - condition to the validity of a certificate of candidacy for senator or, with like effect, a condition sine
. NOT FOR SALE. DOqua
NOT REPRODUCE.
non OF LAW.
to be voted upon and, NOTbe
if proper, FOR SALE. DOasNOT
proclaimed REPRODUCE.
senator-elect OF LAW. NOT
(SJS v. Dangerous DrugsFOR SALE.
Board, DO NOT REPR
G.R.
No. 157870, November 3, 2008).
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
District
. NOT FOR SALE. Representatives
DO NOT REPRODUCE. and Questions
OF LAW. NOT FORofSALE.
Apportionment
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN10.
BEDAThe
UNIVERSITY COLLEGE
election of the Speaker PROPERTY
of the HouseOF of
SAN BEDA UNIVERSITY
Representatives wasCOLLEGE
held with 252PROPERTY OF SANfor
members voting BEDA
A UNIVERSI
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DO 8NOT
members voting for B,OF
REPRODUCE. the 2nd highest
LAW. NOT FORofSALE.
votes.DO
A “long-standing
NOT REPRODUCE.tradition”
OF of the House
LAW. NOT FORis that,
SALE. DO NOT R
the candidate who garnered the 2nd highest number of votes for Speakership automatically becomes
PERTY OF SAN BEDAthe
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
Minority Leader. Pursuant to such tradition, B should be declared and recognized as the Minority
AW. NOT FOR SALE.Leader.
DO NOTHowever,
REPRODUCE.
those whoOF didLAW. NOTfor
not vote FOR SALE. DO
Speaker NOT REPRODUCE.
A convened and elected X OF LAW.
as the NOT FOR
Minority SALE. DO NOT R
Leader.
A petition for mandamus was filed insisting that B should be recognized as the Minority Leader in light
RTY OF SAN BEDA UNIVERSITY COLLEGE tradition”.
of the “long-standing PROPERTY OFthe
Will SAN BEDA for
petition UNIVERSITY
mandamus COLLEGE
lie? PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
3
No, mandamus
PERTY OF SAN BEDA UNIVERSITY COLLEGEwill not lie. The Senate
PROPERTY shallBEDA
OF SAN electUNIVERSITY
its PresidentCOLLEGE
and the House of Representative,
PROPERTY its UNIVERSI
OF SAN BEDA
Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it
AW. NOT FOR SALE.may
DO NOT
deemREPRODUCE.
necessary (CONST. OFArt.
LAW.VI,NOT
Sec.FOR SALE.
16, par. DOSec.
(1)). NOT16REPRODUCE.
(3), Art. VI of the OF LAW. NOT
Constitution FORinSALE.
vests the DO NOT R
PERTY OF SAN BEDAHouse of Representatives the sole authority to "determine the rules of its proceedings." These “legislative UNIVERSI
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
rules, unlike statutory laws, doOF
AW. NOT FOR SALE. DO NOT REPRODUCE. notLAW.
haveNOT
the imprints of permanence
FOR SALE. and obligatoriness
DO NOT REPRODUCE. OFduring
LAW. their
NOTeffectivity.
FOR SALE. DO NOT R
In fact, they 'are subject to revocation, modification or waiver at the pleasure of the body adopting them”. Being
PROPERTY OF SAN BEDA UNIVERSITY
merely matters of COLLEGE
procedure, theirPROPERTY
observanceOFare
SAN
of BEDA UNIVERSITY
no concern COLLEGE
to the courts, PROPERTY
for said rules may beOFwaived
SAN BEDA UNIVE
or disregarded by the legislative body at will, upon the concurrence of a majority [of the House of
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
Representatives]. As such, the method of choosing who will be such other officers is merely a derivative of the
PROPERTY OF SAN BEDA
exercise of the prerogative conferred by the aforequoted constitutional provision (Baguilat v. Alvarez, OF
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN
G.R. No.BEDA UNIVE
OF LAW. NOT FOR SALE. DO NOT
227757, REPRODUCE.
July 25, OF LAW.J.,NOT
2017, Perlas-Bernabe, FOR SALE.
Covered DOTherefore,
Case). NOT REPRODUCE. OF LAW.
X is rightfully elected NOT
as the FOR SALE. DO NO
Minority
Leader.
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
Party-list
AW. NOT FOR SALE. DO system
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
11. Can the COMELEC deny the application for registration filed by ABC, an organization composed of
AW. NOT FOR SALE.men
DO NOT
and REPRODUCE. OF LAW.
women who identify NOT FOR
themselves asSALE. DO NOT
lesbians, REPRODUCE.
gays, OF LAW. NOT
bisexuals, or transgender FOR SALE. DO NOT R
individuals
(LGBTs), based on moral grounds?
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTNo,
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
the COMELEC cannot deny registration of ABC based on moral grounds. OFInLAW.
Ang NOT FOR
Ladlad SALE.
LGBT DO NOT REPRO
Party
TY OF SAN BEDA UNIVERSITY COLLEGE
v. COMELEC PROPERTY
(G.R. No. 190582, AprilOF
8, SAN BEDA
2010), UNIVERSITY
the Supreme COLLEGE
Court ruled that thePROPERTY OFofSAN
enumeration BEDA UNIVERSITY CO
marginalized
NOT FOR SALE. DO and
NOTunder-represented
REPRODUCE. sectors is not exclusive. The crucial element is not whether a sector is specifically
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
enumerated, but whether a particular organization complies with the requirements of the Constitution and R.A.
PERTY OF SAN BEDA No. 7941. TheCOLLEGE
UNIVERSITY denial of the registration
PROPERTY on OF purely moralUNIVERSITY
SAN BEDA grounds amounts
COLLEGEmore to aPROPERTY
statement OF
of dislike
SAN BEDAand UNIVERSIT
disapproval of homosexuals, rather than a tool to further any substantial public interest.
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
PERTY OF SAN BEDA Note:
UNIVERSITY COLLEGE
Religious sector cannotPROPERTY
participateOF SANparty-list
in the BEDA UNIVERSITY
system (Art.COLLEGE
VIII, Sec. 5(2), PROPERTY OFBut
Constitution). SAN BEDA UNIVERSIT
religion
cannot
AW. NOT FOR SALE. DO NOTbeREPRODUCE.
used to disqualify aOFparty,
LAW.organization or coalition.
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA
12.UNIVERSITY COLLEGE
In determining who mayPROPERTY OFinSAN
participate BEDA UNIVERSITY
a party-list COLLEGE
election, what PROPERTYtoOF
are the parameters beSAN BEDA UNIVERSITY CO
followed?
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
The parameters are:
a. Three
TY OF SAN BEDA UNIVERSITY different groups
COLLEGE may OF
PROPERTY participate
SAN BEDA in the party-list system:
UNIVERSITY COLLEGE(1) national partiesOF
PROPERTY or SAN
organizations,
BEDA UNIVERSITY CO
(2) regional parties or organizations, and (3) sectoral parties or organizations.
NOT FOR SALE. DO NOTb.REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE.
National parties or organizations and regional parties or organizations do not need to organize along
DO NOT REPRO
TY OF SAN BEDA UNIVERSITYsectoral
COLLEGE PROPERTY
lines and OFtoSAN
do not need BEDA UNIVERSITY
represent COLLEGE
any "marginalized PROPERTY OFsector.
and underrepresented" SAN BEDA UNIVERSITY CO
c. Political
NOT FOR SALE. DO NOT REPRODUCE. parties can participate in party-list elections
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. provided they register under the party-list
OF LAW. NOT FOR SALE. system
DO NOT REPRO
and do not field candidates in legislative district elections.
PERTY OF SAN BEDA UNIVERSITY COLLEGE
d. Sectoral PROPERTY OFmay
parties or organizations SANeither
BEDAbe UNIVERSITY COLLEGE
"marginalized PROPERTY OF
and underrepresented" or SAN BEDA
lacking in UNIVERSIT
AW. NOT FOR SALE. DO NOT"well-defined
REPRODUCE.politicalOF constituencies."
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
e. A majority of the members of sectoral parties or organizations that represent the "marginalized and
PERTY OF SAN BEDA UNIVERSITY COLLEGE
underrepresented" PROPERTY
must belongOFto SAN BEDA UNIVERSITY
the "marginalized COLLEGE
and underrepresented"PROPERTY OF SAN
sector they BEDA UNIVERSIT
represent.
AW. NOT FOR SALE. DO NOTSimilarly,
REPRODUCE. OFthe
a majority of LAW. NOT FOR
members SALE. DO
of sectoral NOTorREPRODUCE.
parties OF LAW.
organizations that lack NOT FOR
"well-defined SALE. DO NOT RE
political
constituencies" must belong to the sector they represent. The nominees of sectoral parties or
TY OF SAN BEDA UNIVERSITYorganizations
COLLEGE that PROPERTY
representOF theSAN BEDA UNIVERSITY
"marginalized COLLEGE
and underrepresented," PROPERTY OF SANthose
or that represent BEDAwhoUNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE.
lack "well-definedOFpolitical
LAW. NOT FOR SALE. either
constituencies," DO NOT REPRODUCE.
must OF LAW.sectors,
belong to their respective NOT FOR SALE.
or must DO NOT REPRO
have
a track
TY OF SAN BEDA UNIVERSITY COLLEGErecord of advocacy for their respective sectors.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE The nominees of national and regional parties
PROPERTY OF SAN BEDA UNIVERSITY CO
or organizations must be bona-fide members of such parties or organizations.
NOT FOR SALE. DO NOTf.REPRODUCE.
National, regional, and sectoral parties or organizations shall not beOF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW. NOTif FOR
disqualified someSALE. DO NOT REPRO
of their
nominees are disqualified, provided that they have at least one nominee who remains qualified (Atong
TY OF SAN BEDA UNIVERSITYPaglaum
COLLEGEv. COMELEC,
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
G.R. No. 203766, April 2, 2013).
PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
Note:COLLEGE
TY OF SAN BEDA UNIVERSITY A political party, whetherOF
PROPERTY major
SANorBEDA
not, UNIVERSITY
that fields candidates
COLLEGE in legislative
PROPERTY district elections
OF SAN BEDAcan
UNIVERSITY CO
participate in party-list elections only through its sectoral wing that can separately register under the party-
NOT FOR SALE. DO NOTlist
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
system. The sectoral wing is by itself an independent sectoral party, and is linked to a political party
through aCOLLEGE
PERTY OF SAN BEDA UNIVERSITY coalition. PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR 13.
SALE. DO NOTthe
During REPRODUCE.
senate hearing OFregarding
LAW. NOTtheFORoverpriced
SALE. DO NOT REPRODUCE.
Makati OF LAW.Building,
City Hall II Parking NOT FOR some
SALE. DO NOT RE
PERTY OF SAN BEDA references
UNIVERSITYwere
COLLEGE
made onPROPERTY OF SAN
a 350-hectare BEDAinUNIVERSITY
estate Batangas COLLEGE
also referred PROPERTY OF SANPinay,
to as Hacienda BEDA UNIVERSIT
supposedly owned
AW. NOT FOR SALE. DO NOT REPRODUCE. by XX. During media interviews in between the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.hearings and in response to media’s
OF LAW. NOT FOR SALE. DO NOT RE
request for him to comment on the matter, Senator YY expressed his opinion that XX appears to be a
“nominee”
TY OF SAN BEDA UNIVERSITY or “front” orPROPERTY
COLLEGE acting as “dummy” of theUNIVERSITY
OF SAN BEDA actual beneficial
COLLEGE owner, former Vice OF
PROPERTY President Pinay.
SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
XX sued for damages against Senator YY’s defamatory and libelous statements. May Senator YY
TY OF SAN BEDA UNIVERSITY COLLEGE
invoke parliamentary PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
immunity? PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
4
OPERTY OF SAN BEDA UNIVERSITY
No, SenatorCOLLEGE PROPERTY
YY cannot invoke OF SANimmunity.
parliamentary BEDA UNIVERSITY COLLEGE
The privilege of speech orPROPERTY OF Sec.
debate under SAN BEDA
11, UNIVERS
LAW. NOT FOR SALE. DOVINOT
Art. REPRODUCE.
of the OFspeech
Constitution covers LAW. NOT FOR in
delivered SALE. DO or
Senate NOTanyREPRODUCE.
of its committees, OF LAW.inNOT
spoken FOR SALE.
the course of DO NOT
any
OPERTY OF SAN BEDA debate in said
UNIVERSITY fora, or made
COLLEGE in the official
PROPERTY OF discharge
SAN BEDAorUNIVERSITY
performanceCOLLEGE
of duties as a Senator.
PROPERTY TheOFstatement
SAN BEDA UNIVERS
must be part of or integral to legislative process. Here, the statements were made during the breaks and gaps
LAW. NOT FOR SALE.
of DO
the NOT REPRODUCE.
hearing, not delivered inOF LAW. committees
Senate NOT FOR SALE. DO NOTduring
not spoken REPRODUCE. OF LAW.
a debate therein. NOT FOR
They were also SALE.
not DO NOT
made UNIVERSITY
PROPERTY OF SAN BEDA in the official COLLEGE
discharge of duties as a Senator.
PROPERTY OF SAN To participate
BEDA in or respond
UNIVERSITY COLLEGEto media interviews
PROPERTY OFisSAN
not BEDA UNIV
demanded by his sworn duty nor is it a component of the process of enacting laws. Senator YY therefore
OF LAW. NOT FOR SALE.
cannotDO NOTparliamentary
invoke REPRODUCE.immunity OF LAW. NOTIVFOR
(Trillanes vs. SALE. DO NOT REPRODUCE.
Hon. Castillo-Marigomen, G.R. No.OF LAW. March
223451, NOT FOR14, SALE. DO N
PROPERTY OF SAN BEDA
2018, UNIVERSITY
Covered Case). COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR14.SALE. DO NOT REPRODUCE.
Congressman Z filed House OF
BillLAW. NOTconverting
No. 123 FOR SALE.the
DOMunicipality
NOT REPRODUCE. OFCity
of Santan to LAW.
of NOT FOR SALE. DO NOT
Sampaguita.
A month later, Senator
OPERTY OF SAN BEDA UNIVERSITY COLLEGE Y filed Senate Bill 456 also converting the
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE Municipality of Santan to
PROPERTY OF SANCityBEDA
of UNIVERS
Sampaguita. The HB 123 was approved by the lower house and was subsequently transmitted to the
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
upper house; however, the Senate adopted the version of Senator Y which was approved by President
X. Now, Mr.
RTY OF SAN BEDA UNIVERSITY CDE, a resident
COLLEGE of Municipality
PROPERTY of Santan
OF SAN BEDA assailed
UNIVERSITY the newly passed
COLLEGE law, OF
PROPERTY arguing among
SAN BEDA UNIVERSITY C
others that it did not originate exclusively from HOR as mandated by Section 24, Article VI of the
. NOT FOR SALE. DOConstitution
NOT REPRODUCE.
since it hadOF LAW. NOT FOR
a counterpart SALE.
in the DO NOT
Senate. REPRODUCE.
Decide. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE of thePROPERTY
The contention OFwithout
petitioner is SAN BEDA UNIVERSITY
merit. COLLEGE
A bill of local application, PROPERTY
such as oneOFasking
SAN BEDA UNIVERSITY C
for the
. NOT FOR SALE. DOconversion of a municipality
NOT REPRODUCE. OFinto
LAW. a city,
NOTisFOR
deemed
SALE.toDOhave
NOT originated from the House
REPRODUCE. provided
OF LAW. NOTthat
FORthe bill of
SALE. DO NOT REPR
the House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own
PERTY OF SAN BEDAversion.
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
The filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, does not
PERTY OF SAN BEDAcontravene
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
the constitutional requirement that a bill of local application should originate in the OF House
SAN BEDA
of UNIVERSI
AW. NOT FOR SALE.Representatives,
DO NOT REPRODUCE. OFthe
for as long as LAW. NOTdoes
Senate FORnot SALE. DO NOT REPRODUCE.
act thereupon until it receives theOF LAW.bill.
House NOT FOR Sec.
Hence, SALE. DO NOT R
24, Art. VI of the Constitution was not violated (Alvarez v. Guingona, G.R. No. 118303, January 31, 1996).
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
15. Senator A is abroad
. NOT FOR SALE. DO NOT REPRODUCE. for a family vacation. Senator B is sick and
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. in a comatose condition,
OF LAW. NOT FORconfined
SALE. in
DO NOT REPR
the Philippines. Senator C is imprisoned. Determine the number of Senators necessary to constitute a
RTY OF SAN BEDA UNIVERSITY
quorum toCOLLEGE
do business. PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
The basis in determining the existence of a quorum in the Senate shall be the total number of incumbent
RTY OF SAN BEDA UNIVERSITY COLLEGE
Senators who PROPERTY
are in the country OF SAN
and within theBEDA UNIVERSITY
coercive COLLEGE
jurisdiction PROPERTY
of the State (Avelino OF SANG.R.
v. Cuenca, BEDANo.UNIVERSITY C
. NOT FOR SALE. DOL-2821,
NOT REPRODUCE. OF LAW.
March 4, 1949). Thus, NOTAFOR
Senator is notSALE. DO in
counted NOT REPRODUCE.
determining OFHowever,
the quorum. LAW. NOT FOR SALE.
Senators DO NOT REPR
B and
C are still counted since they are within the coercive jurisdiction of the State. On the assumption that all the 24
PERTY OF SAN BEDAseats
UNIVERSITY COLLEGE
in the senate PROPERTY
are filled, the presenceOF
ofSAN BEDA UNIVERSITY
13 senators COLLEGE
constitutes a quorum to doPROPERTY
business. OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
16. Land Transportation Office formulated the Motor Vehicle License Plate Standardization Program
RTY OF SAN BEDA UNIVERSITY
(MVPSP) toCOLLEGE PROPERTY
supply new license OFfor
plates SAN BEDA
both oldUNIVERSITY COLLEGE
and new vehicle PROPERTY
registrants. OF SANhowever,
The program, BEDA UNIVERSITY C
. NOT FOR SALE. DOdid
NOT REPRODUCE.
not OFinLAW.
appear as an item NOT FORAppropriations
the General SALE. DO NOT REPRODUCE. OF LAW. NOT
Act of 2014. The increased FOR SALE. of
appropriation DO NOT REPR
Php 4,843,753,000.00
RTY OF SAN BEDA UNIVERSITY COLLEGE was instead OF
PROPERTY allocated under
SAN BEDA the item Motor
UNIVERSITY COLLEGE Vehicle PROPERTY
Registration
OF and
SAN Driver’s
BEDA UNIVERSITY C
Licensing Regulatory Services (MFO2).
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
Congressmen
RTY OF SAN BEDA UNIVERSITY XX and YYPROPERTY
COLLEGE argued thatOFsince MVPSP
SAN BEDA did not appear
UNIVERSITY as an item
COLLEGE in the 2014
PROPERTY OFGAA, the use
SAN BEDA UNIVERSITY C
of its funds allocated for the MFO2 amounted to an unconstitutional transfer of appropriations
. NOT FOR SALE. DOprohibited
NOT REPRODUCE.
by Sec. 25(5),OFArt.
LAW.VI NOT FORConstitution
of the SALE. DO NOT REPRODUCE.
which provides that OF
“NoLAW.
law NOT
shallFOR
be SALE.
passedDO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE
authorizing of appropriation.”
any transfer PROPERTY Are Congressmen
OF SAN BEDA XX and YY correct?
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
No, they are not correct. To be valid, an appropriation must indicate a specific amount and a specific
PERTY OF SAN BEDApurpose.
UNIVERSITYHowever, the purpose
COLLEGE may be specific
PROPERTY OF SANeven
BEDAif itUNIVERSITY
is broken down into different
COLLEGE related sub-categories
PROPERTY OF SAN BEDA UNIVERSI
of the same nature. Here, the appropriation for motor vehicle registration naturally and logically included plate-
AW. NOT FOR SALE.making
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
inasmuch as plate-making was an integral component of the registration process. Thus, since the 2014
PERTY OF SAN BEDAGAA
UNIVERSITY COLLEGE the direct
itself contained PROPERTY OF SAN BEDA
appropriation UNIVERSITY
necessary COLLEGEthe MVPSP,
to implement PROPERTY OF SAN
there was BEDA
no UNIVERSI
unconstitutional transfer
AW. NOT FOR SALE. DO NOT REPRODUCE. of funds (Dela Cruz vs. Ochoa, Jr., G.R.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. No. 219683, January 23, 2018, Covered
OF LAW. NOT FOR SALE. DO NOT R
Case).
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
5
PERTY OF SAN17.
BEDACareer Executive
UNIVERSITY Service Board
COLLEGE PROPERTY(CESB) granted
OF SAN BEDAtoUNIVERSITY
its officials and employees
COLLEGE various
PROPERTY OFmonetary
SAN BEDA UNIVERSI
benefits. The Commission on Audit disallowed the grant of monetary benefits like Birthday Bonus,
AW. NOT FOR SALE.Fringe
DO NOT REPRODUCE.
Benefits, Christmas OF LAW. and
Grocery NOTRetirement
FOR SALE. DOPayNOT
rankREPRODUCE. OF LAW.
and file employees, NOT
on the FOR SALE.
ground that DO NOT R
PERTY OF SAN BEDAthe
UNIVERSITY
grant has no legal support. CESB argued that it needed no new appropriation inasmuch as its UNIVERSI
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
AW. NOT FOR SALE. DO NOTsavings
agency were utilized
REPRODUCE. OFfor the grant
LAW. of such
NOT FOR SALE.benefits.
DO NOTIsREPRODUCE.
CESB correct? OF LAW. NOT FOR SALE. DO NOT R
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
58. Discuss the
RTY OF SAN BEDA UNIVERSITY COLLEGEHierarchy of Rights.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
Freedom of expression is a "preferred" right and, therefore, stands on a higher level than substantive
PERTY OF SAN BEDAeconomic
UNIVERSITYor other liberties (Salonga
COLLEGE PROPERTYv. Paňo,
OF SANG.R.
BEDA No.UNIVERSITY
L-59524, February
COLLEGE 18, 1985). The freeOF
PROPERTY exercise
SAN BEDAof UNIVERSI
religious profession or belief is superior to contract rights. Religious freedom, although not unlimited, is a
AW. NOT FOR SALE.fundamental
DO NOT REPRODUCE.
personal right andOFliberty,
LAW. NOT FORaSALE.
and has DO NOT
preferred REPRODUCE.
position in the hierarchyOFof LAW.
valuesNOT FOR SALE.
(Victoriano v. DO NOT R
PERTY OF SAN BEDAElizalde
UNIVERSITY Workers’ Union,
Rope COLLEGE G.R. No. L-2524,
PROPERTY OF SAN September
BEDA UNIVERSITY
12, 1974).COLLEGE
Even as the PROPERTY OF SAN
right to property mayBEDA
be UNIVERSI
AW. NOT FOR SALE.subject
DO NOT to REPRODUCE.
a greater degree OF of regulation,
LAW. NOT when this right
FOR SALE. DO NOTis joined by a “liberty” OF
REPRODUCE. interest, the burden
LAW. NOT of DO NOT R
FOR SALE.
justification on the part of the government must be exceptionally convincing and irrefutable (Blo Umpar Adiong
RTY OF SAN BEDA UNIVERSITY
v. COMELEC,COLLEGE PROPERTY
G.R. No. 103956, MarchOF31,
SAN BEDA UNIVERSITY COLLEGE
1992). PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
Freedom of expression is primary over property rights. Property and property rights can be lost thru
RTY OF SAN BEDA UNIVERSITY
prescription, but human rights are imprescriptible. On the other hand, a constitutional or validOF
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY SAN BEDA of
infringement UNIVERSITY C
. NOT FOR SALE. DOhuman
NOT REPRODUCE. OF LAW.
rights requires a more NOT FOR
stringent SALE.namely
criterion, DO NOT REPRODUCE.
existence of a grave OFandLAW. NOT FOR
immediate SALE.
danger of DO
a NOT REPR
substantive evil which the State has the right to prevent (PBM Employees Association v. Philippine Blooming
RTY OF SAN BEDA UNIVERSITY
Mills, G.R. COLLEGE PROPERTY
No. L-31195, June OF SAN BEDA UNIVERSITY COLLEGE
5, 1973). PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR59.
SALE.SPARK,
DO NOTan REPRODUCE. OF LAW.
association of young NOTand
adults FORminors
SALE. DO NOT REPRODUCE.
is assailing OF LAW.
the constitutionality ofNOT FORlocal
several SALE. DO NOT R
ordinances imposing
PERTY OF SAN BEDA UNIVERSITY COLLEGE curfews on minors. Following the President’s
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE campaign to implement
PROPERTY OF SAN BEDA a UNIVERSI
nationwide curfew for minors and the enactment of R.A. No. 9344 or the Juvenile Justice and Welfare
AW. NOT FOR SALE.Act,
DO NOT REPRODUCE.
the local governmentsOF ofLAW. NOT FOR
Navotas, SALE.
Manila, DOQuezon
and NOT REPRODUCE.
City implementedOF LAW.
curfew NOT FOR SALE. DO NOT R
ordinances
penalizing the parents and guardians of minors who were caught violating the curfew hours.
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DOThe
NOTQuezon
REPRODUCE. OF LAW.
City Ordinance NOTthe
provides FORfollowing
SALE. DOexceptions:
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
a. Those
RTY OF SAN BEDA UNIVERSITY COLLEGEaccompanied by guardians;
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
19
b. WhenCOLLEGE
PERTY OF SAN BEDA UNIVERSITY the minor is PROPERTY
engaged inOFanSAN
authorized employment
BEDA UNIVERSITY activity, orPROPERTY
COLLEGE going to or
OFreturning
SAN BEDA UNIVERSI
home from the same place of employment activity;
AW. NOT FOR SALE. DOc.NOTWhen
REPRODUCE. OF LAW.inNOT
the minor is involved FOR SALE. DO NOT REPRODUCE.
an emergency; OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
d. When the minor is out of his/her residence attending an official school, religious, recreational,
educational,
AW. NOT FOR SALE. DO NOT REPRODUCE. social, community or other similar private
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. activity sponsored by the city,
OF LAW. NOT FOR SALE. DO NOT R
barangay, school, or other similar private civic/religious organization/group or when the minor
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
is going to or returningPROPERTY
home fromOF SANactivity,
such BEDA UNIVERSITY
without anyCOLLEGE PROPERTY
detour or stop; and OF SAN BEDA UNIVE
e. When the minor can present papers certifying that he/she is a student and was dismissed from
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
his/her classes in the evening or that he/she is a working student.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVE
OF LAW. NOT FOR SALE. DO NOTOrdinance
The Manila REPRODUCE. cites onlyOF LAW.
four (4) NOT FOR SALE.
exemptions fromDOthe
NOT REPRODUCE.
coverage OF namely:
of the curfew, LAW. NOT FORa,SALE. DO NO
letter
b, and d above. While the Navotas Ordinance has the same exceptions.
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE.SPARK
DO NOTargues that R.A. No.OF
REPRODUCE. 9344 is NOT
LAW. unconstitutional
FOR SALE. DO forNOT
failing to pass the strict
REPRODUCE. scrutiny
OF LAW. NOTtest,
FORbeing
SALE. DO NOT R
narrowly tailored and employing means that bear no reasonable relation to their purpose. Do the
PERTY OF SAN BEDAcurfew
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
ordinances pass the strict scrutiny test considering their interference on the right to travel?
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
No, with the exception of the Quezon City ordinance.
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTConsidering
REPRODUCE. that the OF LAW.
right NOTisFOR
to travel SALE. DO NOT
a fundamental right,REPRODUCE. OF LAW.
the strict scrutiny test is the NOT FOR SALE.
applicable DO NOT REPRO
test. The
government has
TY OF SAN BEDA UNIVERSITY COLLEGE the burden of proving that the classification
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE (i) is necessary to achieve a compelling State
PROPERTY OF SAN BEDA UNIVERSITY CO
interest, and (ii) is the least restrictive means to protect such interest or the means chosen is narrowly tailored
NOT FOR SALE. DO to
NOT REPRODUCE.
accomplish the interest. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
In this case, respondents have sufficiently established that the ultimate objective of the Curfew Ordinances
AW. NOT FOR SALE. DO
is toNOT
keepREPRODUCE.
unsupervised minorsOF during
LAW. NOT FORhours
the late SALE.
of DO NOT
night timeREPRODUCE.
off of public areas,OF
soLAW.
as to NOT FOR
reduce —SALE.
if not DO NOT RE
PERTY OF SAN BEDA UNIVERSITY COLLEGE
totally eliminate — their PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
exposure to potential harm, and to insulate them PROPERTY OF SAN BEDA
against criminal pressure and UNIVERSIT
influences which may even include themselves. As such, a compelling State interest exists for the enactment
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
and enforcement of the Curfew Ordinances. However, the Manila and Navotas Ordinances should be
completely
TY OF SAN BEDA UNIVERSITY stricken downPROPERTY
COLLEGE since their OF
exceptions,
SAN BEDA which are essentially
UNIVERSITY COLLEGEdeterminative of the scope
PROPERTY andBEDA
OF SAN breadth
UNIVERSITY CO
of the curfew regulations, are inadequate to ensure protection of the above-mentioned fundamental rights
NOT FOR SALE. DO (Samahan
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
Ng Progresibong Kabataan vs. Quezon City, G.R. No. 25442, August 8, 2017, Perlas-Bernabe, J.,
TY OF SAN BEDA UNIVERSITY COLLEGE
Covered Case). PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
Note: Philippine jurisprudence has developed 3 tests of judicial scrutiny to determine the reasonableness of
TY OF SAN BEDA UNIVERSITY COLLEGE
classifications. The strictPROPERTY OFapplies
scrutiny test SAN BEDA
whenUNIVERSITY COLLEGE
a classification PROPERTY
either (i) interferes OFthe
with SAN BEDA UNIVERSITY
exercise of CO
NOT FOR SALE. DO fundamental
NOT REPRODUCE. rights and OFliberties
LAW.guaranteed underDO
NOT FOR SALE. the Constitution,
NOT REPRODUCE. or (ii) burdens
OF LAW. suspect
NOT FORclasses.
SALE.The
DO NOT REPRO
intermediate scrutiny test applies when classifications are based on gender and legitimacy. Lastly, the rational
TY OF SAN BEDA UNIVERSITY
basis test COLLEGE PROPERTY
applies to economic OF SAN
legislation andBEDA UNIVERSITY
all other COLLEGE
subjects not covered by thePROPERTY OF SAN BEDA UNIVERSITY CO
first two tests.
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
60. The Sangguniang Panlungsod of Davao City enacted Ordinance No. 0309, Series of 2007, to impose a
PERTY OF SAN BEDA ban
UNIVERSITY
against COLLEGE
aerial sprayingPROPERTY OF SAN BEDA
as an agricultural UNIVERSITY
practice COLLEGE entities
by all agricultural PROPERTY
withinOF SAN BEDA
Davao City. UNIVERSIT
AW. NOT FOR SALE. DO NOT submits
PBGEA REPRODUCE. OF LAW. NOT
that the ordinance FOR SALE.the
transgresses DO constitutional
NOT REPRODUCE.guarantyOF of LAW.
equalNOT FOR SALE.
protection on DO NOT RE
two counts, to wit:
PERTY OF SAN BEDA UNIVERSITY COLLEGE (1) by prohibiting aerial spraying per se, regardless
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE of the substance or the level
PROPERTY OF SAN BEDA of UNIVERSIT
concentration of the chemicals to be applied; and (2) by imposing the 30-meter buffer zone in all
AW. NOT FOR SALE. DO NOT REPRODUCE.
agricultural lands in DavaoOF LAW.
City NOT FORofSALE.
regardless DO NOT
the sizes REPRODUCE.
of the landholding. IsOFtheLAW. NOTby
petition FOR SALE. DO NOT RE
PBGEA
meritorious?
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTYes,
REPRODUCE.
the petition is OF LAW. NOTUnder
meritorious. FOR SALE. DO NOTbasis
the rational REPRODUCE.
test, we shall:OF
(1)LAW. NOTthe
discern FORreasonable
SALE. DO NOT REPRO
relationship between
TY OF SAN BEDA UNIVERSITY COLLEGE the means and the purpose of the ordinance;
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE and (2) examine whether the means
PROPERTY OF SAN BEDA or the
UNIVERSITY CO
prohibition is based on a substantial or reasonable distinction. A reasonable classification includes all persons
NOT FOR SALE. DO or
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO
things similarly situated with respect to the purpose of the law. The occurrence of pesticide drift is not limited
NOT REPRO
to aerial spraying
TY OF SAN BEDA UNIVERSITY COLLEGEbut results from the
PROPERTY conduct
OF SAN BEDA of UNIVERSITY
any mode ofCOLLEGE
pesticide application.
PROPERTY A ban against
OF SAN BEDAaerial
UNIVERSITY CO
spraying does not weed out the harm that the ordinance seeks to achieve. In the process, the ordinance suffers
NOT FOR SALE. DO from
NOT being
REPRODUCE. OF LAW.
"underinclusive" NOT
because theFOR SALE. DO NOT
classification does REPRODUCE. OF LAW.
not include all individuals NOT FOR
tainted SALE.
with the DO NOT REPRO
same
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
mischief that the law seeks to eliminate (Mosqueda vs. Pilipino Banana Growers & Exporters, G.R. No. 189195, UNIVERSITY CO
August 16, 2016).
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
61. The police authorities, acting on an information that drug-related activities were going on at the XYZ
TY OF SAN BEDA UNIVERSITY COLLEGE
building in PROPERTY
Manila, conducted OF SANoperation,
a test-buy BEDA UNIVERSITY COLLEGE
together with PROPERTY asset.
a Chinese-speaking OF SANThey
BEDA UNIVERSITY CO
were
NOT FOR SALE. DO able
NOT to buy P2,000 worth
REPRODUCE. OFofLAW.
shabu from
NOT X and
FOR SALE.other appellants.
DO NOT Nonetheless,
REPRODUCE. OFthey
LAW.did
NOTnotFOR
immediately
SALE. DO NOT REPRO
arrest the suspects but applied for a warrant to search the unit supposedly owned by Y. After 3 days,
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
20
the search was conducted on the sala and in the 3 bedrooms of the unit. One big pack of shabu was
OPERTY OF SAN BEDA UNIVERSITY
found on top ofCOLLEGE PROPERTY
the table inside OF SAN
the master’s BEDA UNIVERSITY
bedroom COLLEGE
while 16 small packs werePROPERTY OF aSAN
found inside BEDA UNIVERS
lady’s
LAW. NOT FOR SALE. DO NOTThe
handbag. REPRODUCE. OF LAW.
police also searched NOT FOR
a Honda SALE.
Civic carDO
andNOT REPRODUCE.
found 4 plastic bags. OF LAW. NOT FOR SALE. DO NOT
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
X contended that there was a defect in the search warrant issued in the name of Y which did not include
LAW. NOT FOR SALE. DO
the NOTof
name REPRODUCE.
X, therefore, the OF LAW.and
search NOT FOR are
arrest SALE. DOillegal.
both NOT REPRODUCE. OF LAW.valid?
Is the search conducted NOT FOR SALE. DO NOT
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
Here, a mistake in the name of the person to be searched does not invalidate the warrant, especially since
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
in this case, the authorities had personal knowledge of the drug-related activities of the OFaccused.
LAW. NOT FORa SALE. DO N
Also,
PROPERTY OF SAN BEDA
mistakeUNIVERSITY COLLEGEof the owner
in the identification PROPERTY
of theOF SANdoes
place BEDAnotUNIVERSITY COLLEGE
invalidate the PROPERTY
warrant provided OFtoSAN
the place be BEDA UNIV
searched is properly
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. described. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
OPERTY OF SAN BEDA UNIVERSITY
However, theCOLLEGE PROPERTY
search conducted on theOF
carSAN
wasBEDA
illegalUNIVERSITY
on the groundCOLLEGE PROPERTY
that it was not part of theOF SAN BEDA UNIVERS
description
of the place to be searched mentioned in the warrant. It is mandatory that for the search to be valid, it must be
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
directed at the place particularly described in the warrant. Moreover, the search of the car was not incidental
OPERTY OF SAN BEDA
to UNIVERSITY COLLEGE
a lawful arrest. PROPERTY
To be valid, such OF SAN
warrantless BEDA
search UNIVERSITY
must be limited COLLEGE PROPERTY
to that point within OForSAN
the reach BEDA UNIVERS
control
LAW. NOT FOR SALE.
of DO
the NOT REPRODUCE.
person OF LAW.
arrested, or that which mayNOT FORhim
furnish SALE.
withDO
theNOT
meansREPRODUCE. OF LAW.
of committing violence or ofNOT FOR SALE.
escaping. In DO NOT
this case, appellants were arrested inside the apartment, whereas the car was parked a few meters away from
RTY OF SAN BEDA UNIVERSITY
the buildingCOLLEGE
(People v. TiuPROPERTY
Won Chua,OF SAN
G.R. BEDA
No. UNIVERSITY
149878, COLLEGE
July 1, 2003). PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
62. Police Officer X filed an application for search warrant accompanied by Deposition of Witnesses
RTY OF SAN BEDA UNIVERSITY COLLEGE
against Maroon Silver andPROPERTY OF SAN
Nico Silver. BEDA
Upon UNIVERSITY
asking series ofCOLLEGE PROPERTYbyOF
questions answerable SAN BEDA
merely Yes orUNIVERSITY C
. NOT FOR SALE. DONo
NOTin REPRODUCE.
the blanks provided,OF LAW.
JudgeNOT FOR SALE.
K issued DOwarrant
search NOT REPRODUCE. OF LAW.
directing the police NOTtoFOR
officers SALE.the
search DO NOT REPR
room of Maroon Silver in the residence of Harry Silver for violation of the Dangerous Drugs Act. Maroon
PERTY OF SAN BEDAand
UNIVERSITY COLLEGE
Nico assailed PROPERTY
the validity OF SAN
of the search BEDAand
warrant UNIVERSITY COLLEGE
alleged that the search PROPERTY OF SAN
warrants were BEDA UNIVERSI
illegally
AW. NOT FOR SALE.obtained
DO NOT because
REPRODUCE. OF not
Judge K did LAW. NOT FORexamine
personally SALE. DOthe
NOT REPRODUCE.
witnesses OF LAW.
and the same were NOT FOR
issued onSALE.
the DO NOT R
PERTY OF SAN BEDAbasis of a deposition
UNIVERSITY COLLEGEof thePROPERTY
witnesses OFwhich
SANwere
BEDAaccomplished by merely filling
UNIVERSITY COLLEGE in the blanks.
PROPERTY OF SANWasBEDA UNIVERSI
the issuance of the search warrant constitutional? Decide.
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
No, the search warrant issued by Judge K was unconstitutional. Under the Constitution and the Rules of
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
Court, the judge must personally examine the complainant and his witness through searching or leading
. NOT FOR SALE. DOquestions
NOT REPRODUCE.
to determine the existence of probable cause. In the deposition, all theOF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. LAW. NOT
witnesses hadFOR
to doSALE.
was DO
to NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGEon thePROPERTY
fill in their answers OF SAN
blanks provided. BEDA
Thus, in UNIVERSITY COLLEGE
issuing a search warrant, thePROPERTY OFstrictly
judge must SAN BEDA UNIVERSITY C
comply
with the constitutional and statutory requirement that he must determine the existence of probable cause by
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
personally examining the applicant and his witnesses in the form of searching questions and answers (Silva v.
Presiding Judge
RTY OF SAN BEDA UNIVERSITY of RTC, Negros
COLLEGE Oriental,
PROPERTY G.R.BEDA
OF SAN No. 81756, October
UNIVERSITY 21, 1991). PROPERTY OF SAN BEDA UNIVERSITY C
COLLEGE
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
63. SPO1 X and SPO1 Y saw A and B in an alley around 3 meters away. They watched NOT FORASALE.
B handed DO NOT REPR
a small
plastic sachet. They saw A inspect the sachet, flicking it against the light emitted from a street light
PERTY OF SAN BEDAand
UNIVERSITY COLLEGE
a lamp from PROPERTY
a house nearby. WhenOF
theSAN BEDA
police UNIVERSITY
officers COLLEGE
approached them, A PROPERTY
and B fled. OF SAN
Only BEDA UNIVERSI
A was
AW. NOT FOR SALE.caught.
DO NOTSPO1
REPRODUCE. OFhis
X told A to open LAW. NOTThey
hands. FOR found
SALE. DO NOTsachet
a small REPRODUCE. OF LAW.
containing shabu, NOTthe
which FOR SALE. DO NOT R
police
officers confiscated.
PERTY OF SAN BEDA UNIVERSITY COLLEGE RTC found him guilty beyond reasonable doubt
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE of violating the Dangerous Drugs
PROPERTY OF SAN BEDA UNIVERSI
Act. A argued that the evidence against him was obtained from an illegal warrantless arrest. Decide.
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
The arrest
RTY OF SAN BEDA UNIVERSITY and the search
COLLEGE are valid.
PROPERTY OFTheSANrule
BEDAthatUNIVERSITY
a warrantless arrest must precede
COLLEGE a warrantless
PROPERTY OF SAN BEDAsearchUNIVERSITY C
is not absolute. A search substantially contemporaneous with an arrest can precede the arrest if the police
. NOT FOR SALE. DOhave
NOTprobable
REPRODUCE. OF LAW.
cause to make NOT FOR
the arrest SALE.
at the DOofNOT
outset the REPRODUCE. OFthe
search. In this case, LAW. NOT
arrest FOR
and theSALE.
searchDO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGEcontemporaneous.
were substantially PROPERTY OF SANwhat
Thus, BEDA UNIVERSITY
must COLLEGE
be evaluated is whether PROPERTY OF SAN BEDA
or not the arresting UNIVERSITY C
officers
had probable cause
. NOT FOR SALE. DO NOT REPRODUCE. for petitioner’s arrest when they made the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. search. OF LAW. NOT FOR SALE. DO NOT REPR
Here, the
RTY OF SAN BEDA UNIVERSITY arresting officers
COLLEGE saw AOF
PROPERTY handed B withUNIVERSITY
SAN BEDA a small plastic sheet, whichPROPERTY
COLLEGE they then OF
inspected.
SAN BEDAUponUNIVERSITY C
the officers’ approach, A and B fled. These overt acts and circumstances were observed personally by the
. NOT FOR SALE. DOarresting
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
officers and, taken together, constitute reasonable suspicion that A and B were violating the
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
Dangerous Drugs Act. Thus, the search preceded the arrest does not render invalid the search OF SAN BEDA of
and arrest UNIVERSITY C
A (Aparante v.
. NOT FOR SALE. DO NOT REPRODUCE. People, G.R. No. 205629, September 27, 2017).
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN64.
BEDAThe
UNIVERSITY COLLEGE
law enforcers PROPERTY
in Mindanao set upOF SAN BEDA
a check pointUNIVERSITY
because ofCOLLEGE
the exigencyPROPERTY
caused byOF SAN
the BEDA UNIVERSI
recent
AW. NOT FOR SALE.Marawi
DO NOT attack. X, driving hisOF
REPRODUCE. BMW,
LAW.was
NOTstopped by the
FOR SALE. DO enforcers. He was then OF
NOT REPRODUCE. instructed
LAW. NOTto open the DO NOT R
FOR SALE.
trunk of his car. X was hesitant, so the enforcers jammed an icepick into the gaps of the trunk, forcing
PERTY OF SAN BEDAitUNIVERSITY
to pop open. COLLEGE PROPERTY OFopened
When they successfully SAN BEDA UNIVERSITY
the trunk, COLLEGE
they saw PROPERTY
therein a Smith OF SAN
& Wesson BEDA UNIVERSI
pistol
AW. NOT FOR SALE.hidden
DO NOT REPRODUCE.
inside OF LAW.
a toolbox. X was NOT FORWas
then arrested. SALE.the
DOseizure
NOT REPRODUCE.
constitutional?
OF LAW. NOT FOR SALE. DO NOT R
RTY OF SAN BEDA UNIVERSITY COLLEGE
No, it was PROPERTY
unconstitutional. OF SAN
In Abenes v. BEDA UNIVERSITY
CA (G.R. COLLEGE
No. 156320, February PROPERTY
14, OFrequisites
2007), the SAN BEDA of UNIVERSITY
a C
. NOT FOR SALE. DOvalid
NOTcheckpoint
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
are as follows: OF LAW. NOT FOR SALE. DO NOT REPR
a. Those
RTY OF SAN BEDA UNIVERSITY which are warranted
COLLEGE PROPERTYbyOFthe exigencies
SAN of public order;
BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
21
b. It mustCOLLEGE
PERTY OF SAN BEDA UNIVERSITY be conductedPROPERTY
in a way least
OF intrusive
SAN BEDA to motorists;
UNIVERSITY andCOLLEGE PROPERTY OF SAN BEDA UNIVERSI
c. The inspection of the vehicle is limited to a visual search.
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
For as long as the vehicle is neither searched nor its occupants subjected to a body search, OF SANandBEDA
the UNIVERSI
inspection of the
AW. NOT FOR SALE. DO NOT REPRODUCE.vehicle is limited to a visual search, said routine checks
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. cannot be regarded as violative of
OF LAW. NOT FOR SALE. an DO NOT R
individual’s right against unreasonable search. In fact, these routine checks, when conducted in a fixed area,
PROPERTY OF SAN BEDA UNIVERSITY
are even COLLEGE
less intrusive. PROPERTY
In the case OF SAN
given, since the BEDA UNIVERSITY
law enforcers COLLEGE
are only limited to aPROPERTY
mere visualOF SAN BEDA UNIVE
search,
they cannot force X to open the trunk of his car, as they are only authorized to check firearms by mere looking
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
at the contrivances of the vehicle.
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVE
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
PERTY OF SAN65.
BEDAX,UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
an alien, was permitted entry into the Philippines under a temporary visitor’s visa for 2 months. X
AW. NOT FOR SALE.later
DO NOT
married a Filipina during his stay and obtained several extensions. OF
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. TheLAW. NOT FOR SALE.
Commissioner of DO NOT R
PERTY OF SAN BEDAImmigration
UNIVERSITY(CI) notified X to
COLLEGE leave theOF
PROPERTY country before
SAN BEDA the expiration
UNIVERSITY of his visa
COLLEGE extension
PROPERTY OFotherwise
SAN BEDA UNIVERSI
the former will issue a warrant for his arrest. X instead of leaving the country filed a petition for
AW. NOT FOR SALE.mandamus
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
to prevent the CI from issuing the warrant of arrest claiming the Immigration Act which
allows the
TY OF SAN BEDA UNIVERSITY CI to issue warrant
COLLEGE PROPERTYof arrest
OF SANareBEDA
contrary to ArticleCOLLEGE
UNIVERSITY III, Section 2 of the Constitution
PROPERTY OF SAN that
BEDA only
UNIVERSITY CO
judges may issue a warrant of arrest. Decide.
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE
The constitutional PROPERTY
provision OF not
does SANrequire
BEDA UNIVERSITY COLLEGE
judicial intervention PROPERTYofOFa SAN
in the execution final BEDA
order UNIVERSITY
of CO
NOT FOR SALE. DO deportation issued in accordance
NOT REPRODUCE. OF LAW.withNOTlaw.
FORThe constitutional
SALE. limitation contemplates
DO NOT REPRODUCE. an order
OF LAW. NOT of
FORarrest
SALE.in the
DO NOT REPRO
exercise of judicial power as a step preliminary or incidental to prosecution or proceedings for a given offense
PERTY OF SAN BEDA or
UNIVERSITY COLLEGE
administrative PROPERTY
action, not as OFindispensable
a measure SAN BEDA UNIVERSITY
to carry outCOLLEGE PROPERTY
a valid decision OF SANofficial,
by a competent BEDA UNIVERSIT
such as a legal order of deportation, issued by the Commissioner of Immigration, in pursuance of a valid
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
legislation.
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR SALE. DO NOT REPRODUCE.
Accordingly, OF Immigration
Sec 37 of the LAW. NOT FOR SALE.
Act of DOwhich
1940 NOT allows
REPRODUCE. OFwarrant
the CI to issue LAW. NOT FOR SALE.
of arrest upon DO NOT RE
determination of the Board of commissioners that a ground for deportation exist is valid, the arrest being
TY OF SAN BEDA UNIVERSITY
necessaryCOLLEGE PROPERTY
to deport or expel aliens, OF SANisBEDA
which UNIVERSITY
an attribute COLLEGE(Morano
of sovereignty PROPERTY OF SAN
v. Vivo, G.R. No. BEDA UNIVERSITY CO
L-22196,
June 30, 1967).
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
66. Is there an expectation
TY OF SAN BEDA UNIVERSITY COLLEGE of privacy in social networking environment?
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTYes.
REPRODUCE. OF LAW. NOT
The Court, by developing whatFOR
maySALE. DO NOT
be viewed REPRODUCE.
as the Philippine modelOF LAW.
of the writNOT FOR SALE.
of habeas data,DO
in NOT REPRO
PERTY OF SAN BEDA effect, recognized that having an expectation of informational privacy is not necessarily incompatible with
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
engaging in cyberspace activities, including those that occur in online social network (OSN).
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
It is through
PERTY OF SAN BEDA UNIVERSITY the availability
COLLEGE of privacyOF
PROPERTY tools
SAN that many
BEDA OSN users COLLEGE
UNIVERSITY are said to havePROPERTY
a subjective
OFexpectation
SAN BEDA UNIVERSIT
that only those to whom they grant access to their profile will view the information they post or upload thereto.
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
This, however, does not mean that any Facebook user automatically has a protected expectation of privacy in
all of his or
TY OF SAN BEDA UNIVERSITY her FacebookPROPERTY
COLLEGE activities. OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTBefore
REPRODUCE.
one can haveOF an LAW. NOT FOR
expectation SALE. in
of privacy DOhisNOT REPRODUCE.
or her OSN activity, it isOF
firstLAW. NOT FOR
necessary that SALE. DO NOT REPRO
said user
TY OF SAN BEDA UNIVERSITY
manifest theCOLLEGE
intention to PROPERTY
keep certainOF SANprivate,
posts BEDA UNIVERSITY
through the COLLEGE
employment ofPROPERTY
measures to OFprevent
SAN BEDA UNIVERSITY CO
access
NOT FOR SALE. DO thereto or to limit its visibility.
NOT REPRODUCE. OF LAW. AndNOT
this FOR
intention
SALE.can
DOmaterialize in cyberspaceOF
NOT REPRODUCE. through
LAW.the
NOTutilization
FOR SALE. of the
DO NOT REPRO
OSN's privacy tools. In other words, utilization of these privacy tools is the manifestation, in cyber world, of the
TY OF SAN BEDA UNIVERSITY COLLEGE
user's invocation of his orPROPERTY
her right to OF SAN BEDAprivacy
informational UNIVERSITY COLLEGE
(Vivares PROPERTY
v. St. Theresa's College, OF SAN
G.R. No.BEDA UNIVERSITY CO
202666,
September 29,
NOT FOR SALE. DO NOT REPRODUCE. 2014) OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN 67.
BEDA XUNIVERSITY
was involved in altercation in a police precinct where X eventually killed D, unknown to X, B was
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
recording the whole incident. During the trial of X for homicide, one of the witnesses, B’s testimony
AW. NOT FOR SALE. DO
wasNOT REPRODUCE.
confirmed by the voiceOF LAW. NOT
recording FOR he
which SALE. DO X
made. NOT REPRODUCE.
objected OF LAW.recording
to the presentation NOT FOR made
SALE. DO NOT RE
PERTY OF SAN BEDA by B claiming
UNIVERSITY it is inadmissible
COLLEGE in view
PROPERTY OFofSAN
RA BEDA
4200 prohibiting
UNIVERSITYwire-tapping.
COLLEGE Decide.
PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
The evidence is admissible. Republic Act No. 4200 or the Anti Wiretapping Act protects communications
which
TY OF SAN BEDA UNIVERSITY areCOLLEGE
intended to be private. The
PROPERTY law BEDA
OF SAN prohibits the overhearing,
UNIVERSITY COLLEGEintercepting or recording
PROPERTY OF SANofBEDA
private
UNIVERSITY CO
communications. Section 1 of RA 4200 provides that it shall be unlawful for any person not being authorized
NOT FOR SALE. DO by
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO
all the parties to any private communication or spoken word to record such communication. Here, since the
NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
22
exchange between X and D was not private, its tape recording is not prohibited (Navarro v. CA, G.R. No.
OPERTY OF SAN BEDA UNIVERSITY
121087, AugustCOLLEGE
26, 1999). PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
68.BEDA
OPERTY OF SAN AAUNIVERSITY
alleged thatCOLLEGE
BB humiliated her in a OF
PROPERTY manner offensive
SAN BEDA to his dignity
UNIVERSITY and personality.
COLLEGE PROPERTY In OF
support of UNIVERS
SAN BEDA
his claim, AA produced a verbatim transcript of the event and sought damages. The transcript was
LAW. NOT FOR SALE. DO NOT
based fromREPRODUCE.
a tape recording OF LAW.
of the NOT FOR SALE.
confrontation DOby
made NOT
AA.REPRODUCE. OFcase
BB filed a criminal LAW.against
NOT FOR
AA SALE.
for DO NOT
violating
PROPERTY OF SAN BEDA R.A. 4200COLLEGE
UNIVERSITY or the Anti-Wiretapping
PROPERTY OF ActSAN
for secretly taping their
BEDA UNIVERSITY confrontation.
COLLEGE AA argued
PROPERTY that BEDA UNIV
OF SAN
R.A. 4200 refers to the taping of a communication by a person other than a participant to the
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
communication. Decide. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
Sec. 1 of R.A. 4200
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. clearly makes it illegal for any person, not authorized
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. by all the parties
OF LAW.to any
NOTprivate
FOR SALE. DO N
communication to secretly record such communication by means of a tape recorder. The law makes no
OPERTY OF SAN BEDA UNIVERSITY
distinction as toCOLLEGE PROPERTY
whether the party soughtOFto SAN BEDA UNIVERSITY
be penalized COLLEGE
by the statute PROPERTY
ought to be OF SAN
a party other thanBEDA
or UNIVERS
different from those involved in the private communication (Ramirez v. Court of Appeals, G.R. No. 93833,
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
September 28, 1995).
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA
69. UNIVERSITY COLLEGE
After the 2010 PROPERTY
election, Press OF SAN
Secretary BEDA UNIVERSITY
X announced COLLEGE
to reporter PROPERTYwas
that the opposition OF SAN BEDAto
planning UNIVERSITY C
. NOT FOR SALE. DOdestabilize
NOT REPRODUCE. OF LAW.
the administration NOT FOR SALE.
by releasing DO NOTconversation
an audiotape REPRODUCE.between OF LAW. NOT V
President FOR
andSALE. DO NOT REPR
a high
ranking official. The DOJ also warned reporters that those who would broadcast or publish its content
PERTY OF SAN BEDAcould
UNIVERSITY
be heldCOLLEGE PROPERTY
liable under the OF SAN BEDA
Anti-Wiretapping Act.UNIVERSITY COLLEGE ordered
The DOJ secretary PROPERTY
the NBIOF
to SAN BEDA UNIVERSI
go after
AW. NOT FOR SALE. DO NOT REPRODUCE.
media organization found toOF LAW. NOT FOR SALE. DO NOT REPRODUCE.
have spread the audio and printing of the OF LAW. NOT FOR SALE. DO NOT R
contents of the tape. The NTC
PERTY OF SAN BEDAalso issued a press release warning television owners and operators to observe the Anti-Wiretapping
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
Act and pertinent circulars.
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
a. What is a prior restraint?
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
b. M filed a petition against the DOJ secretary and the NTC to annul void proceedings and to
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
prevent the unlawful curtailment of freedom of expression of the press. OF LAW. NOT FOR SALE. DO NOT REPR
Decide.
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
a. Prior restraint refers to official governmental restrictions on the press or other forms of expression in
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
advance of actual publication or dissemination. To determine if there is prior restraint, we must
RTY OF SAN BEDA UNIVERSITY distinguish
COLLEGEbetween content-neutral
PROPERTY OF SANand
BEDAcontent-based
UNIVERSITYregulation.
COLLEGE The former is concerned
PROPERTY with the
OF SAN BEDA UNIVERSITY C
incidents of speech or on that merely controls the time, place or manner and under well-defined
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
standards. The latter is based on the subject matter of the utterance of the speech. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
b. REPRODUCE.
. NOT FOR SALE. DO NOT Petition should be
OFgranted
LAW. NOTas the
FORacts of the
SALE. DO DOJ
NOT secretary
REPRODUCE. and NTC OFconstitute
LAW. NOTpriorFOR
restraint
SALE.onDO NOT REPR
speech. The case at bar falls on the content-based regulation because it seeks to regulate the
PERTY OF SAN BEDA UNIVERSITY COLLEGE
contents of the audioPROPERTY
tape and OFnot SAN BEDA
merely theUNIVERSITY
time, place COLLEGE
or manner of itsPROPERTY
delivery. OF
ThisSAN BEDA
kind of UNIVERSI
regulation
AW. NOT FOR SALE. DO NOT REPRODUCE.bears the presumption of unconstitutionality and
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. must hurdle the clear and present danger
OF LAW. NOT FOR SALE. DO NOT R
test (which is whether the words used in such circumstances and are of such nature as to create a
PERTY OF SAN BEDA UNIVERSITY COLLEGE
clear and PROPERTY
present danger OF will
that they SANbring
BEDA UNIVERSITY
about COLLEGE
the substantive evil thatPROPERTY
congress has OF aSAN BEDA
right to UNIVERSI
AW. NOT FOR SALE. DO NOTprevent)
REPRODUCE.
and must beOF LAW. NOT
narrowly drawnFORtoSALE.
fit theDO NOT REPRODUCE.
regulatory purpose with theOF LAW.
least NOT FOR
restrictive SALE. DO NOT R
means
undertaken (strict scrutiny).
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
Here the
. NOT FOR SALE. DO NOT REPRODUCE. presumption is not hurdled as there is no showing
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. that the violation of anti-wiretapping
OF LAW. NOT FOR SALE.lawDO NOT REPR
presents a clear and present danger. Hence, there is a prior restraint. The writs should be issued
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA
nullifying the statements of the DOJ secretary and freedom of expression must be upheld (Chavez v.
UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE.
Gonzales GR 168338,OF LAW. NOT FOR
February SALE. DO NOT REPRODUCE.
15, 2008). OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA
70. UNIVERSITY COLLEGEand isPROPERTY
X is the President among theOFincorporators
SAN BEDA UNIVERSITY COLLEGE
of PTP Inc. PROPERTY
Among the regular OF SAN
writers wasBEDA
X whoUNIVERSITY C
. NOT FOR SALE. DOruns
NOTtheREPRODUCE. OF LAW.
one column of the NOT FOR
newspaper. SALE.aDO
During NOT REPRODUCE.
congressional hearing on OF
theLAW. NOT crisis,
transport FOR SALE. DO NOT REPR
those
who attended
RTY OF SAN BEDA UNIVERSITY agreed to organize
COLLEGE PROPERTYFirst
OF National
SAN BEDA Conference
UNIVERSITYonCOLLEGE
Land Transportation (FNCLT)
PROPERTY thatBEDA
OF SAN wouldUNIVERSITY C
embody a long-term land transportation policy. FW was elected as Executive Director. Series of articles
. NOT FOR SALE. DOwere
NOTwritten
REPRODUCE.
by X in his OF LAW.which
column NOT FOR SALE.
dealt withDO
theNOT REPRODUCE.
alleged OF LAW.ofNOT
anomalous activities FOR SALE. of
an “organizer DO NOT REPR
PERTY OF SAN BEDAa UNIVERSITY
conference” without naming or identifying FW. Neither did it refer to the FNCLT as the conference
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
mentioned. FW filed a complaint against X for unethical conduct and Libel.
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN BEDA UNIVERSITY COLLEGE
a. Is X liable? PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
b. May the right
AW. NOT FOR SALE. DO NOT REPRODUCE. to privacy of FW, who is not a public figure,
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.be restricted?
OF LAW. NOT FOR SALE. DO NOT R
a. No,
RTY OF SAN BEDA UNIVERSITY X is not liable.
COLLEGE The speech
PROPERTY OF SANis considered privileged.
BEDA UNIVERSITY A privileged PROPERTY
COLLEGE communication is either
OF SAN BEDA(1)
UNIVERSITY C
absolute - which exempts member of congress from liability for any speech or debate in Congress or
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
(2) qualified. In the latter falls private communications and fair and true reports without any
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
23
commentary
PERTY OF SAN BEDA UNIVERSITY COLLEGEor remarks as provided
PROPERTY in ArtBEDA
OF SAN 354 of the RPC. Although
UNIVERSITY COLLEGE X’s publication
PROPERTY fall in
OFneither
SAN BEDAthe UNIVERSI
above classification, the Supreme Court had ruled that publications which are privileged for reasons
AW. NOT FOR SALE. DO NOTofREPRODUCE. OF LAW.byNOT
public policy are protected the FOR SALE. DOguaranty
constitutional NOT REPRODUCE. OF LAW.
of freedom of speech. ThisNOT FOR SALE. DO NOT R
constitutional
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF
right cannot be abolished by the mere failure of the legislature to give it express recognition SANinBEDA
the UNIVERSI
statute punishing
AW. NOT FOR SALE. DO NOT REPRODUCE. libels.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
To reiterate, PROPERTY
fair commentaries OF SAN of
on matters BEDA UNIVERSITY
public COLLEGE
interest are PROPERTY
privileged and constituteOFa SAN
validBEDA UNIVE
defense in an action for libel or slander. Hence X is not liable for Libel.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
PROPERTY OF SAN BEDAb.UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
Yes, his right to privacy may be restricted. The right to privacy of a person who is not a publicOF figure
SAN BEDA UNIVE
OF LAW. NOT FOR SALE. DO may
NOTlikewise
REPRODUCE.
be restrictedOF
if LAW. NOT FOR
he is involved in SALE. DOissue.
a public NOT Even
REPRODUCE. OF LAW.
assuming ex-gratia NOT FOR
argumenti thatSALE. DO NO
private respondent, despite the position he occupied in the FNCLT, would not qualify as a public figure,
PERTY OF SAN BEDA UNIVERSITY
it doesCOLLEGE PROPERTY
not necessarily follow thatOF
heSAN BEDA
could UNIVERSITY
not validly be the COLLEGE PROPERTY
subject of a public OFeven
comment SAN ifBEDA
he UNIVERSI
AW. NOT FOR SALE. DO NOTwas not a public official
REPRODUCE. or at least
OF LAW. NOT aFOR
public
SALE.figure, for heREPRODUCE.
DO NOT could be, as long OF as LAW.
he wasNOT
involved in a DO NOT R
FOR SALE.
public issue. If a matter is a subject of public or general interest, it cannot suddenly become less so
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
merely because a private individual is involved or because in some sense the individual did not
AW. NOT FOR SALE. DO NOTvoluntarily
REPRODUCE.
choose to OF LAW.involved.
become NOT FORThe
SALE. DO NOT
public's REPRODUCE.
primary interest is in theOF LAW.the
event; NOT FORfocus
public SALE. DO NOT R
is on the conduct of the participant and the content, effect and significance of the conduct, not the
TY OF SAN BEDA UNIVERSITYparticipant's
COLLEGE priorPROPERTY
anonymityOF
or SAN BEDA(Borjal
notoriety UNIVERSITY
v. CourtCOLLEGE PROPERTY
of Appeals, G.R. OF SAN
No. 126466, BEDA 14,
January UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE.
1999). OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
PERTY OF SAN 71.
BEDA Differentiate
UNIVERSITY COLLEGE
content-basedPROPERTY OF SAN BEDA
and content-neutral UNIVERSITY
regulation COLLEGE
and the test appliedPROPERTY
to each. OF SAN BEDA UNIVERSIT
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
Content-neutral regulation is merely concerned with the incidents of the speech or one that merely controls
PERTY OF SAN BEDA the
UNIVERSITY
time placeCOLLEGE
or manner and PROPERTY OF SAN BEDA
under well-defined UNIVERSITY
standards. COLLEGE
While content-based PROPERTYis OF
regulation SANon
based BEDA
the UNIVERSIT
AW. NOT FOR SALE. DO NOTmatter
subject REPRODUCE. OForLAW.
of the utterance NOT FOR SALE. DO NOT REPRODUCE.
speech. OF LAW. NOT FOR SALE. DO NOT RE
TY OF SAN BEDA UNIVERSITY
In theCOLLEGE
first, we apply PROPERTY OF SAN
an intermediate BEDA
review UNIVERSITY
where COLLEGE
only substantial PROPERTY
government interestOF SAN BEDA
is required for UNIVERSITY
its CO
validity and
NOT FOR SALE. DO NOT REPRODUCE. the (O’Brien test) test is formulated as: a governmental
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. regulation is sufficiently justified (1) if it
OF LAW. NOT FOR SALE. DO NOT REPRO is
within the constitutional power of the government; (2) if it furthers an important or substantial government
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
interest; (3) if the governmental interest is unrelated to the suppression of free expression; and (4) if the incident
NOT FOR SALE. DO restriction
NOT REPRODUCE. OF LAW.
on alleged freedom NOT FOR
of speech andSALE. DO NOT
expression REPRODUCE.
is no OF LAW.toNOT
greater than is essential the FOR SALE. DO
furtherance of NOT REPRO
that interest.
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOTInREPRODUCE.
the second we apply the strict scrutiny review and the test is formulated asOF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. theLAW.
clear NOT FOR SALE.
and present DO NOT REPRO
danger
test which is the
TY OF SAN BEDA UNIVERSITY COLLEGE question is whether the words used in such circumstances
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE and are of such nature as to create
PROPERTY OF SAN BEDA UNIVERSITY CO
a clear and present danger that they will bring about the substantive evil that congress has a right to prevent
NOT FOR SALE. DO and
NOTby REPRODUCE. OF LAW.
showing a substantive and NOT FOR evil
imminent SALE. DO NOT
(Chavez REPRODUCE.
v. Gonzales, G.R. No. OF LAW.February
168338, NOT FOR15,SALE. DO NOT REPRO
2008).
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
PERTY OF SAN 72.
BEDA X,
UNIVERSITY COLLEGEof Bible
during a launching PROPERTY OF SAN the
which coincide BEDA UNIVERSITY
Feast COLLEGE
of Saint Jerome PROPERTY
and while Father DOF SAN
was BEDA UNIVERSIT
reading
AW. NOT FOR SALE. DO NOT REPRODUCE.
a passage from the bible, OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
entered the Church clad in black suit and went OF LAW. NOT FOR SALE.
to the center aisle and DO NOT RE
emblazoned the words “DAMASO”. Commotion ensued while X uttered “Bishops don’t involve
TY OF SAN BEDA UNIVERSITY COLLEGE
yourself in PROPERTY
politics! There OF SAN of
is a separation BEDA UNIVERSITY
church COLLEGE
and state!” PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
X was later charged with an information for the offense of Offending Religious feeling as defined and
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
penalized under Article 133 of the RPC. X argues the unconstitutionality of the Article 133 of the RPC
NOT FOR SALE. DO claiming
NOT REPRODUCE.
that it violates the constitutional right to freedom of expression OF
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. andLAW. NOTspeech
of free FOR SALE.
and DO
its NOT REPRO
overbreadth and vagueness application results in a chilling effect. Decide if whether the law is
TY OF SAN BEDA UNIVERSITY COLLEGE
constitutional PROPERTY OF SAN BEDA UNIVERSITY COLLEGE
or unconstitutional. PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
The law
TY OF SAN BEDA UNIVERSITY is constitutional.
COLLEGE As aOF
PROPERTY rule,
SANfacial
BEDAchallenge
UNIVERSITYon penal
COLLEGEstatutes PROPERTY
is prohibited
OFbecause
SAN BEDAfacial
UNIVERSITY CO
challenges are generally applicable only to free speech, religious and other fundamental rights. However, as
NOT FOR SALE. DO an
NOT REPRODUCE.
exception, OF LAW.grounded
a facial challenge NOT FORonSALE. DO NOT REPRODUCE.
void-for-vagueness doctrine may OF
be LAW. NOT
allowed FORthe
when SALE. DO NOT REPRO
subject
PERTY OF SAN BEDA penal statute COLLEGE
UNIVERSITY encroaches upon the freedom
PROPERTY of expression.
OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
AW. NOT FOR SALE. DO NOT
Here,REPRODUCE.
Article 133 does not OFregulate
LAW. NOT free FOR SALE.
speech butDO NOT REPRODUCE.
punishes disruptive acts thatOF
areLAW. NOT FOR
notoriously SALE. DO NOT RE
offensive
PERTY OF SAN BEDA to
UNIVERSITY
the feelingsCOLLEGE
of the faithfulPROPERTY
in a place OF SAN BEDA
of worship. UNIVERSITY
It does not seekCOLLEGE
to prevent orPROPERTY
restrict anyOF SAN BEDA
person from UNIVERSIT
expression his political
AW. NOT FOR SALE. DO NOT REPRODUCE. opinions or criticism against the catholic
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. church or any religion (Celdran v. People, G.R.
OF LAW. NOT FOR SALE. DO NOT RE
No. 220127, November 21, 2018; Southern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council,
G.R. No. 178552,
TY OF SAN BEDA UNIVERSITY COLLEGEOctober 5, 2010). OF SAN BEDA UNIVERSITY COLLEGE
PROPERTY PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
24
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
73. Discuss the dangerous tendency, balancing of interest and clear and present danger test.
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DOa.NOT
The dangerous tendency
REPRODUCE. OF doctrine
LAW. NOT which
FORpermits limitations
SALE. DO on speech once a OF
NOT REPRODUCE. rational
LAW.connection
NOT FOR has
SALE. DO NOT
been established between the speech restrained and the danger contemplated;
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
OF LAW. NOT FOR SALE.b.DOThe
NOTbalancing of interestsOF
REPRODUCE. tests,
LAW.used
NOTasFOR
a standard
SALE. DOwhen
NOTcourts need to balance
REPRODUCE. OFconflicting
LAW. NOTsocial
FOR SALE. DO N
values and individual interests, and requires a conscious and detailed consideration of the interplay
PROPERTY OF SAN BEDA UNIVERSITY
of interestsCOLLEGE
observable in aPROPERTY OF SAN
given situation BEDA
of type of UNIVERSITY
situation; andCOLLEGE PROPERTY OF SAN BEDA UNIV
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
c. The clear and present danger rule which rests on the premise that speech may be restrained because
OPERTY OF SAN BEDA UNIVERSITY
there isCOLLEGE PROPERTY
substantial danger OFspeech
that the SAN BEDA UNIVERSITY
will likely lead to COLLEGE PROPERTY
an evil the government OFaSAN
has rightBEDA
to UNIVERS
LAW. NOT FOR SALE. DO NOT REPRODUCE.
prevent. OF LAW.
This rule requires that NOT FOR
the evil SALE. DO NOT
consequences REPRODUCE.
sought OFmust
to be prevented LAW.beNOT FOR SALE. DO NOT
substantive,
"extremely serious and the degree of imminence extremely high (Chavez v. Gonzales, G.R. No.
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
168338, February 15, 2008).
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
74. Does broadcast media enjoy less restriction than print media?
OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
Yes.
. NOT FOR SALE. DO NOT There are 3 reasons
REPRODUCE. whyNOT
OF LAW. broadcast media
FOR SALE. DO stands apart from print
NOT REPRODUCE. media,
OF LAW.first,
NOTthe scarcity
FOR SALE. of
DO NOT REPR
frequencies by which the medium operates. Second, its pervasiveness as medium. Lastly, its unique
PERTY OF SAN BEDAaccessibility
UNIVERSITYtoCOLLEGE PROPERTY
children (Chavez OF SAN
v. Gonzales, G.R.BEDA UNIVERSITY
No. 168338, COLLEGE
February 15, 2008). PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
Airwave frequencies have to be allocated among qualified users. A broadcast corporation cannot simply
PERTY OF SAN BEDAappropriate
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN
frequency without regard for regulation or for the rights of others. Radio and the television setBEDA
are UNIVERSI
AW. NOT FOR SALE.universal.
DO NOT REPRODUCE.
Their message may OFbeLAW. NOT FOR SALE.
simultaneously DO NOT
received by aREPRODUCE. OFaudience
national or regional LAW. NOT of FOR SALE. DO NOT R
listeners
including the indifferent or unwilling who happen to be within reach of a blaring radio or television set. Unlike
RTY OF SAN BEDA UNIVERSITY
readers of COLLEGE PROPERTY
the printed work, OFaudience
the radio SAN BEDA hasUNIVERSITY COLLEGE
lesser opportunity PROPERTY
to cogitate analyze,OFand
SANreject
BEDAtheUNIVERSITY C
. NOT FOR SALE. DOutterance
NOT REPRODUCE. OF LAW.
(Eastern Broadcasting NOT
Corp v. FOR
Dans,SALE.
G.R. DO
No.NOT REPRODUCE.
L-59329, July 19, 1985).OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
Broadcasting is uniquely accessible to children. Bookstores and motion picture theaters may be prohibited
. NOT FOR SALE. DOfrom
NOTmaking
REPRODUCE. OFavailable
certain material LAW. NOT FOR SALE.
to children, butDO
theNOT
sameREPRODUCE. OFdone
selectivity cannot be LAW.in NOT
radioFOR SALE. DO NOT REPR
or television,
where the listener or viewer is constantly tuning in and out (Gonzales v. Kalaw Katigbak, G.R. No. L-69500,
RTY OF SAN BEDA UNIVERSITY COLLEGE
July 22, 1985).
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
75. Distinguish political speech from commercial speech.
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
Political speech
AW. NOT FOR SALE. DO NOT REPRODUCE. refers to speech "both intended and received as
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. a contribution to public
OF deliberation
LAW. NOT FORabout
SALE. DO NOT R
some issue," "fostering informed and civicminded deliberation." It is motivated by the desire to be heard and
PERTY OF SAN BEDAunderstood,
UNIVERSITY to COLLEGE
move people toPROPERTY
action. It isOF SAN BEDA
concerned withUNIVERSITY COLLEGE
the sovereign PROPERTY
right to change OF SAN
the contours BEDA UNIVERSI
of power
AW. NOT FOR SALE.whether
DO NOTthrough
REPRODUCE. OFrepresentatives
the election of LAW. NOT FORin SALE. DO NOT
a republican REPRODUCE.
government OF LAW.
or the revision NOT
of the FORtext
basic SALE.
of DO NOT R
the Constitution.
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT
OnREPRODUCE. OF LAW. NOT
the other hand, commercial FORhas
speech SALE.
beenDOdefined
NOT REPRODUCE. OF"no
as speech that does LAW. NOT
more FOR
than SALE. DO
propose a NOT REPR
commercialCOLLEGE
RTY OF SAN BEDA UNIVERSITY transaction" (Diocese
PROPERTYOf Bacolod
OF SAN v. COMELEC,
BEDA G.R. COLLEGE
UNIVERSITY No. 205728, January 21, 2015).
PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
76. X is a Judge of the RTC of Parañaque City. An article was written about him and published in the Metro
. NOT FOR SALE. DOManila
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
Times. The article discussed the pending graft and corruption case against Judge X. Judge X
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
argued that the pending case was a private matter and that the Metro Manila Times OFhad
SANnoBEDA UNIVERSITY C
right
publishing an article
. NOT FOR SALE. DO NOT REPRODUCE. discussing the same without his permission.
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. Was Judge X correct?
OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN BEDA UNIVERSITY
No, JudgeCOLLEGE PROPERTY
X was not correct. OF every
Generally, SAN BEDA UNIVERSITY
defamatory COLLEGE
information PROPERTY
is presumed OF SANeven
to be malicious, BEDA UNIVERSI
AW. NOT FOR SALE.ifDO
it beNOT
true,REPRODUCE.
if no good intentionOFand justifiable
LAW. NOT FORmotive for DO
SALE. making
NOTitREPRODUCE.
is shown, except inOFtheLAW.
following
NOTinstances:
FOR SALE. DO NOT R
a. A private communication made by any person to another in the performance of any legal, moral or
PERTY OF SAN BEDA UNIVERSITY
social COLLEGE
duty; and PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DOb.NOTA REPRODUCE.
fair and true report, OF LAW.
made NOTfaith,
in good FOR without
SALE. DO anyNOT REPRODUCE.
comments or remarks, ofOF LAW.
any NOTlegislative,
judicial, FOR SALE. DO NOT R
or other official proceeding which are not of confidential nature, or of any statement, report, or speech
RTY OF SAN BEDA UNIVERSITY COLLEGE
delivered PROPERTY OForSAN
in said proceedings, BEDA
of any UNIVERSITY
other COLLEGE
act performed PROPERTY
by public officers in the OF SAN BEDA
exercise UNIVERSITY C
of their
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
functions.—the subject NOTare
articles FOR SALE.
under DOexemption.
this NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
25
The articles
PERTY OF SAN BEDA UNIVERSITY complained of
COLLEGE are fair and
PROPERTY OF true
SAN reports of a judicial/administrative
BEDA UNIVERSITY COLLEGE proceeding,
PROPERTY OF which
SANisBEDA
not UNIVERSI
confidential in nature. It was not established that there were comments or remarks made by the reporter. The
AW. NOT FOR SALE.articles
DO NOT REPRODUCE.
were pure reports of OF
the LAW. NOT FORfiled
graft charges SALE. DO NOT
against REPRODUCE.
Judge OF LAW.Publishing,
X (Ocampo v. Sun-Star NOT FOR SALE.
Inc., DO NOT R
PERTY OF SAN BEDAG.R.
UNIVERSITY COLLEGE PROPERTY
No. 133575. December 15, 2000). OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVE
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NO
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVE
77. SALE.
OF LAW. NOT FOR X is DO
a member of the Seventh-day
NOT REPRODUCE. Adventist
OF LAW. NOT FORChurch, whose
SALE. DO NOTfundamental
REPRODUCE.beliefsOFinclude the FOR
LAW. NOT strictSALE. DO NO
observance of the Sabbath as a sacred day. X is a first-year college student. In order to avoid potential
PERTY OF SAN BEDAconflict
UNIVERSITY COLLEGE
between his ChurchPROPERTY
scheduleOFandSAN
hisBEDA UNIVERSITY
academic COLLEGE
schedule, he wrote toPROPERTY
the DeanOF SAN BEDA UNIVERSI
requesting
AW. NOT FOR SALE.that he be
DO NOT excused from OF
REPRODUCE. attending his FOR
LAW. NOT classes
SALE.inDOthe event
NOT that a regularOFweekday
REPRODUCE. LAW. NOT session is DO NOT R
FOR SALE.
rescheduled to a Saturday. However, one of his major exams was moved from Thursday to Saturday
PERTY OF SAN BEDAwhich
UNIVERSITY COLLEGE
prevented PROPERTY
X from taking OF X
the exam. SAN BEDA UNIVERSITY
informed COLLEGE
the Dean that PROPERTY
he was willing OF SAN
to take the examBEDA
on UNIVERSI
AW. NOT FOR SALE.another
DO NOTdate
REPRODUCE. OF LAW. NOT
but no accommodation FOR SALE.
was given by theDODean.
NOT REPRODUCE.
Can the Dean refuseOF X’s
LAW. NOT FOR SALE. DO NOT R
request?
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
236. State X and State Y
PERTY OF SAN BEDA UNIVERSITY COLLEGE are in a dispute regarding
PROPERTY OF SAN some
BEDA provisions
UNIVERSITYofCOLLEGE
UNCLOS. PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DOa.NOTState
REPRODUCE.
X argues thatOF theLAW.
onlyNOT FOR that
tribunal SALE.could
DO NOT
hearREPRODUCE.
the case is the OF LAW.
ITLOS. Is NOT FOR SALE. DO NOT R
the argument
TY OF SAN BEDA UNIVERSITYtenable?
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
b. Assuming State X chose the procedure of the ITLOS, while Y chose to bring the same the ICJ.
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO
Which body may the dispute be submitted to?NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE theyPROPERTY
c. Assuming OF SAN
both agreed BEDA the
to submit UNIVERSITY COLLEGE
dispute before PROPERTY
the ITLOS, OFprevent
will this SAN BEDA UNIVERSITY CO
other
tribunals or organs
NOT FOR SALE. DO NOT REPRODUCE. fromNOT
OF LAW. hearing
FOR the same?
SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
a. The answer
PERTY OF SAN BEDA UNIVERSITY COLLEGEis not tenable.
PROPERTYArt. 287(1)
OF SANofBEDA
UNCLOS providesCOLLEGE
UNIVERSITY that parties, byPROPERTY
written declaration,
OF SAN BEDAmay UNIVERSIT
choose one or more of the following to settle disputes concerning the interpretation of the UNCLOS:
AW. NOT FOR SALE. DO NOT(1)
REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
ITLOS, (2) the ICJ, (3) arbitral tribunal under Annex VII, (4) special tribunal under Annex VIII.
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
b. ItREPRODUCE.
AW. NOT FOR SALE. DO NOT shall be submittedOFto LAW.
the arbitral
NOT FORtribunal under
SALE. Annex
DO NOT VII. Art. 287(5) provides
REPRODUCE. OF LAW.that
NOTif the
FORparties
SALE. DO NOT RE
have not accepted the same procedure for settlement of dispute, it may be submitted only to arbitration
TY OF SAN BEDA UNIVERSITYinCOLLEGE PROPERTY
accordance worth Annex OF
VII, SAN BEDA
unless the UNIVERSITY
parties agreeCOLLEGE
otherwise. PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
c. Generally, yes, unless the parties agree otherwise. Art. 287(4) of the UNCLOS provides that if the
TY OF SAN BEDA UNIVERSITYparties
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
gave accepted the same procedure for the settlement of dispute, it may be submitted only to
NOT FOR SALE. DO NOT REPRODUCE. OF LAW.
that procedure, unless theNOT FOR
parties SALE. DO
otherwise NOT REPRODUCE.
agree. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY
237. COLLEGE
The Mountain of Sabba PROPERTY OFthe
is located in SAN BEDAofUNIVERSITY
border The Republic COLLEGE PROPERTY
of Amaya, and OF SAN
the Kingdom BEDA UNIVERSITY CO
of Habagat.
NOT FOR SALE. DO It
NOT REPRODUCE.
is home for the BrownOF LAW.
Yack, NOT FORofSALE.
a species DO NOT
particular REPRODUCE.
cultural importance toOF LAW. In
Amaya. NOT FORthe
2005, SALE. DO NOT REPRO
Brown
Yack was declared to be an endangered species which prompted Amaya to adopt measures to prevent
PERTY OF SAN BEDA its
UNIVERSITY COLLEGE
extinction. Among the PROPERTY
measures OFis SAN BEDA UNIVERSITY
reduction COLLEGE
of species which feed onPROPERTY
the Brown OFYack,
SAN BEDA
and UNIVERSIT
introduction
AW. NOT FOR SALE. DO of additional Brown
NOT REPRODUCE. OF LAW.Yacks
NOT sourced
FOR SALE.from otherREPRODUCE.
DO NOT States. In 2010, the
OF Brown Yack
LAW. NOT FORgrew in DO NOT RE
SALE.
number and in 2012, the population ballooned. Because of the geographic features of the mountain,
PERTY OF SAN BEDA the
UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSIT
Brown Yacks found their way out of the wild and into the rural areas of Habagat, destroying crops
AW. NOT FOR SALE. DO
andNOT REPRODUCE.
invading the ecosystemsOF by
LAW. NOT on
feeding FORthe
SALE.
veryDO NOT
little REPRODUCE.
vegetation OF LAW.
that the rural areas NOT
have.FOR SALE. DO NOT RE
Habagat
imputes liability against Amaya. Amaya reasons it only complied with its obligation to protect the
TY OF SAN BEDA UNIVERSITY COLLEGE
endangered PROPERTY
species. Both OF SAN
are parties BEDA UNIVERSITY
to relevant COLLEGE
Environmental PROPERTY
Law Treaties OF SAN BEDA UNIVERSITY CO
and Instruments.
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
a. Whose argument
TY OF SAN BEDA UNIVERSITY COLLEGE is tenable?
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
b. Would your answer be the same even if Amaya conducted an Environmental Impact
NOT FOR SALE. DO NOT REPRODUCE.
Assessment regarding the effects of its measures in the Sabba? OF LAW. NOT FOR SALE. DO NOT REPRO
OF LAW. NOT FOR SALE. DO NOT REPRODUCE.
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
a. Habagat’s argument is tenable. Under the Principle of Good Neighborliness, States have the
NOT FOR SALE. DO NOT REPRODUCE.
responsibility to OF LAW.that
ensure NOT FOR SALE.
activities DOtheir
within NOTjurisdiction
REPRODUCE. or control OF
do LAW. NOT damage
not cause FOR SALE. DO NOT REPRO
to the
TY OF SAN BEDA UNIVERSITYenvironment
COLLEGE of other PROPERTY
StatesOF orSAN BEDAbeyond
of areas UNIVERSITY COLLEGE
the limits of national PROPERTY
jurisdiction.OF SAN BEDA
States have theUNIVERSITY CO
sovereign
NOT FOR SALE. DO NOT REPRODUCE. right to exploit their own resources pursuant
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. to their own environmental policies, and the
OF LAW. NOT FOR SALE. DO NOT REPRO
responsibility to ensure that activities within their jurisdiction or control do not cause damage to the
environment
PERTY OF SAN BEDA UNIVERSITY COLLEGEof otherPROPERTY
States or OF
of areas beyond
SAN BEDA the limits of
UNIVERSITY national jurisdiction
COLLEGE PROPERTY((1972
OF Stockholm
SAN BEDA UNIVERSIT
Declaration on the Human Environment, Principle 21; 1992 Rio Declaration on Environment and
AW. NOT FOR SALE. DO NOTDevelopment,
REPRODUCE. Principle
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT RE
2; See also: Trail Smelter Arbitration (USA v. Canada) 1905 1941). This
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY
essentially makes Amaya liable for the environmental damages that occurred within the OF territory
SAN BEDAof UNIVERSIT
Habagat caused
AW. NOT FOR SALE. DO NOT REPRODUCE. by the Brown Yacks. Even assuming that Amaya
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. did have the responsibility to ensure
OF LAW. NOT FOR SALE. DO NOT RE
that the Brown Yacks would not be extinct, the measures it has taken should not have harmed
TY OF SAN BEDA UNIVERSITYHabagat.
COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
TY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY CO
NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRO
74
b. Yes, it will be the same. Although the conduct of Environmental Impact Assessment is embodied
OPERTY OF SAN BEDA UNIVERSITY COLLEGE17 of the
under Principle PROPERTY
1992 RioOF SAN BEDAthe
Declaration, UNIVERSITY
same wouldCOLLEGE PROPERTY
not absolve Amaya from OF SAN BEDA UNIVERS
its liabilities
LAW. NOT FOR SALE. DO NOT REPRODUCE.
under OF LAW. NOT
the Good Neighborliness FOR SALE.
Principle. The twoDOPrinciples
NOT REPRODUCE.
give Amaya twoOF LAW. NOT FOR
responsibilities, SALE. DO NOT
failure
to do either
OPERTY OF SAN BEDA UNIVERSITY made it liable
COLLEGE for the damages
PROPERTY in the UNIVERSITY
OF SAN BEDA environment COLLEGE
caused by its measures.
PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIV
OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO N
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
OPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERS
LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
UT IN OMNIBUS GLORIFICETUR DEUS!
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
THIS IS THE
RTY OF SAN BEDA UNIVERSITY COLLEGE INTELLECTUAL
PROPERTY PROPERTY
OF SAN BEDA UNIVERSITY COLLEGE OFPROPERTY
THE OF SAN BEDA UNIVERSITY C
SAN BEDA
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW.UNIVERSITY
NOT FOR SALE. DOCOLLEGE OF LAW
NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE CENTRALIZED
PROPERTY OF SAN BEDA UNIVERSITY
BAR OPERATIONS. COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
PERTY OF SAN BEDA UNIVERSITY
THE COLLEGE PROPERTY OF SAN
UNAUTHORIZED BEDA UNIVERSITY
COPYING, COLLEGE
REPRODUCTION,PROPERTY OF SAN BEDA UNIVERSI
AW. NOT FOR SALE. DO NOT REPRODUCE.MODIFICATION
OF LAW. NOT FOROR
SALE.DISTRIBUTION
DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
PERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSI
OF ANY OF THE CONTENTS OF THIS BOOK IS
AW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT R
RTY OF SAN BEDA UNIVERSITY COLLEGE STRICTLY PROHIBITED
PROPERTY OF SAN BEDA UNIVERSITY COLLEGE . PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
RTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY COLLEGE PROPERTY OF SAN BEDA UNIVERSITY C
. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPRODUCE. OF LAW. NOT FOR SALE. DO NOT REPR
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